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

Reduction of staff means that a certain position is abolished and all employees occupying it will be fired. A reduction in the number of employees means that the position remains, but the number of employees occupying it decreases. In both the first and second cases, the reduction process must take place according to established order, without violating the rights of the employee.

Notification of layoffs

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

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

Dismissal of trade union members due to layoffs is possible only with the consent of the trade union organization. The period for notifying employment services about future layoffs is the same - two months before the start of measures to dismiss workers.

For employers working as individual entrepreneurs, this period is two weeks. In its appeal to the above authorities, the employer must provide complete information about the position, qualifications and working conditions of each dismissed employee.

Guarantees for laid-off workers

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

In this case, the proposed position must correspond to the qualifications of the employee and his state of health, however, it can be either lower-ranking or lower-paid. When being laid off, the employee has the right to receive from the employer information about all vacancies that exist in the given locality or, if provided for by the collective agreement, outside it.

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

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

Preferential right to remain at work in case of staff reduction

The guarantees established by law for laid-off workers also include a preferential right to remain at work during layoffs. This right is that the employer will have to leave at the enterprise the employee whose qualifications are higher and whose quality of work is better than that of others.

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

• - workers who support two or more disabled family members;
• - workers whose earnings are the only source of income for the whole family;
• - employees who were injured or have an occupational disease while working at this enterprise;
• - disabled people of the Great Patriotic War and disabled people who took part in hostilities to defend the state;
• - employees who improve their qualifications at the place of work in the direction of the employer.

A collective agreement drawn up at an enterprise or organization may indicate an expanded list of categories of workers who have a preferential right to remain at work in the event of staff reductions.

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

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

Employee's right to severance pay

An employee who was terminated contract of employment due to staff or headcount reduction, has the right to receive from the employer severance pay . The amount of the benefit must be equal to the average monthly earnings during the period of work at the enterprise or organization.

The average monthly salary must be retained by the employee who has lost his job for the entire time needed for employment, but no more than two months from the date of dismissal. Payment of severance pay can also be made in the third month after dismissal, but only if, after the layoff, the employee registered with the employment service and within two weeks they could not find a new job.

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

For days not worked Leave due to layoffs is not allowed to be deducted from wages.

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

What to do after receiving notice of layoff?

Do nothing in the first minutes or even hours. Any legal documents must be taken into account with a calm mind.

• Read the redundancy notice carefully. Pay attention to the dates, bank details, and the presence of the manager’s signature.
• Read the list of vacant positions that you can apply for in the event of a layoff. It must also be certified by the signature of the head of the enterprise.
• Find out whether the trade union committee agrees to the reduction.
• Sign the documents and work quietly for another 2 months, if you agree and do not belong to one of the following categories of citizens:
  • pregnant woman;
  • a woman (or other person) raising a child under 3 years of age;
  • a single parent (or other person) raising a child under 14 years of age, or up to 18 years of age if the child is disabled;
  • the only breadwinner in a family with 3 or more children.

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

Is it possible not to sign a notice of staff reduction?

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

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

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

But you can refuse these actions. If you again do not agree, the administration has the right, in the presence of witnesses, to draw up an act reflecting the fact of the warning about the reduction and your refusal to sign.

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

A woman became pregnant after signing a redundancy notice

IN Labor legislation RF It is clearly stated that termination of an employment contract with a pregnant woman is not allowed, with the exception of the complete liquidation of the organization. The same rights are enjoyed by a woman who has already signed a notice of layoff and then finds out that she is expecting a child.

There can be no talk of any pre-emptive right when reducing staff; she cannot be fired at all. A woman has this right only if she presents a medical certificate of pregnancy before dismissal (within two months).

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

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

If the employer does not agree to cancel the layoff order, the certified statement will be your evidence in court of providing information to the management about the pregnancy.

It must be remembered that an employee who has learned of a violation of his rights must go to court within a month from the date of dismissal (not the day of signing the dismissal order) or handing over (against signature) a work book.

Sometimes the reason for the dismissal of one or more employees of an enterprise is not the decision of the employer or the employee himself, but an objective necessity. The situation may be related to the transition to a new (automated) level of production or to the fact that the organization no longer needs the same number of employees. In such cases, there is a reduction in the number or staff of employees.

For the employer, this becomes a legal tool that allows optimizing the composition of personnel and the structure of the staffing table. However, the use of such a technique is associated with big amount nuances and requires compliance with many rules.

Basic concepts and terms

In order to understand the intricacies of the topic and understand who, how and under what circumstances can be fired if there is a reduction in staff, you should define the main concepts:

1. The number of employees is the number of all employees of the enterprise, in other words, it is payroll. If we're talking about about dismissing several representatives of the same profession performing similar functions, while maintaining the position on the staff list, then this is a reduction in the number of employees. An example would be the dismissal of three out of five architects.
2. The staff of employees is absolutely all positions represented in the company (managerial, administrative, workers and others). Their list represents the staffing table, in accordance with which the structure of the organization’s personnel is formed.
3. Reducing the number of staff may be necessary in order to exclude from the list positions that duplicate each other, or those that can be combined into one staff unit. This concept also includes measures aimed at eliminating any division.

This means that staff reduction is accompanied not just by a decrease in the number of employees with the same responsibilities, but also by the dismissal of all employees performing specific job functions. Returning to the example above, a downsizing would result in all five architects being laid off. Perhaps it is more profitable for the company not to keep these employees on staff, but to hire them from time to time to perform a separate task (outsourcing).

Legislation on dismissal due to staff reduction

Legal aspects accompanying the breakup labor relations due to changes in the structure of the staffing table, it is regulated by the Labor Code of the Russian Federation. A reduction in the number of employees (due to the liquidation of an organization or a change in its owner) is discussed in Article 81. Other common situations related to the termination of contracts with employees at the initiative of the employer are also listed here.

Among other cases, this article provides for the procedure for dismissing employees:

Who can be laid off?

The decision on which the reduction of the number or staff of employees depends is made by the employer, but at the same time he must take into account the rights of employees enjoying certain benefits.

When considering candidates for employees subject to dismissal, the manager is obliged to comply with the rule set out in Art. 179 TK. It states that staff reductions should occur at the expense of the least qualified personnel, who have the lowest labor productivity indicators. The practical implementation of this rule is often associated with an assessment of the experience and length of service of employees. It is assumed that those who have recently worked at the enterprise represent the least value to the team.

To assess the importance of an employee great importance also has the result of the qualifying exam, his education and the level of performance for the previous period. This means that when comparing two workers occupying the same position, preference will be given to the one who has higher education. His colleagues who received secondary specialized education will probably be laid off.

Categories of personnel not affected by dismissal due to staff reduction

The reduction in staff does not affect the following categories:

• Parents of children with disabled status.
• Mothers and fathers raising children on their own (single).
• Parents large families until the time youngest child will not be 14 years old.
• Citizens who are the sole breadwinners of their families.
• Employees who have suffered an occupational injury or illness as a result of their work at that company.
• Disabled people affected by wars Chernobyl disaster or the Semipalatinsk trials.
• Employees of the company who have awards (Hero of the USSR, Knight of the Order of Glory) or the title of inventor.
• Workers who combine the performance of their work functions with training.

Dismissal due to staff reduction does not affect those employees who are members of a trade union or act as elected representatives of the work collective and take part in negotiations with the company's management.

Also, employees of the enterprise who are on sick leave, regular leave or maternity leave. True, this can be done with their written consent or upon complete liquidation of the company.

How retirees and part-time workers are laid off

The Labor Code of the Russian Federation (Article 3) contains a ban on employer discrimination based on age. Most often this applies to workers who have reached retirement age and continue to fulfill their job responsibilities. If necessary, they will also be affected by redundancy, but it is illegal to use their social status as a basis for dismissal.

Taking into account the experience and qualifications of pensioners, they, on the contrary, fall under the definition of employees with preferential rights. Based on the fact that they can be one of the most useful employees of the enterprise, they are the last to be laid off.

When planning the dismissal of an employee who combines two positions, the employer performs almost all standard actions. The only difference is that the law does not establish whether it should accrue payments to such an employee.

In fact, redundancy benefits are necessary for those who lose their source of income. However, while remaining in the company, the part-time worker continues to receive wages. Here the decision on payments and their amount remains with the employer.

Why do employers resort to layoffs?

The state allows enterprise managers to independently decide on the need to reduce staff or the number of personnel. However, in the event of controversial situations, the economic feasibility of these measures can be verified by the judiciary.

This condition places the obligation on the employer to inform its subordinates about why the workforce is being reduced. This information is set out in the relevant order and may be related to the following factors:

• With a low level of profitability. The lack of profit does not allow management to pay at the proper level for the work of the previous number of employees. By reducing labor costs, an organization can save some money to pay off debts or purchase a new batch of materials.
• Ineffective staff structure. If among the organizational positions there are those that duplicate each other or do not represent value for business activities, their elimination will be justified.
• Introduction of new technologies or equipment. When production becomes more automated and does not require the same number of employees, staff reduction can significantly reduce costs and increase profitability.

What rules must an employer follow when reducing staff?

The forced dismissal procedure can significantly affect the well-being of those employees who are subject to layoffs. It is not always possible for them to find workplace with the same conditions as at this enterprise. For this reason, the state dictates certain conditions to managers, compliance with which to a certain extent protects the interests of dismissed workers:

In the event that the company’s management “forgets” to inform the employment service about its intentions, in addition to fines, the court may oblige them to pay wages to employees for forced absences.

How staff reduction occurs: step-by-step instructions

Any head of a company or organization, when planning and implementing staff reduction measures, must know and comply with all legal norms and requirements. Ignoring or unintentionally violating one or more rules can lead to quite serious consequences: a fine or legal proceedings.

Based on this, the employer is interested in implementing a phased reduction of staff (the Labor Code of the Russian Federation establishes a list necessary documents and procedures):

In the event that an employee does not agree to the transfer and continuation of cooperation with the company, the last on the list of required documents is an order for his dismissal. The unified form T-8 is recognized as usual for this document.

How is dismissal due to staff reduction completed: compensation for vacation, severance pay

The dismissal of an employee who was informed on time and refused the offered vacancies takes place simultaneously with the payment of all necessary funds to him.

Along with the work book, the former employee is given:

• Wages accrued for the last period worked.
• Compensation payments for unused vacation(if there is one).
• Special payments in case of staff reduction (severance pay). Their amount is often equal to the average salary, but can be higher if this is specified in the collective agreement.

The company continues to pay redundancy benefits to the employee for another two months if he is listed on the labor exchange but cannot find a job. Its size is set at the average salary, but it does not take into account the amount that has already been issued.

If an employee wishes to resign earlier than the deadline set by the employer, he must be paid the money accrued for unworked time. That is, in fact, in any case, he will be paid for the two-month period between the announcement of the reduction and the date on which this procedure is planned.

Payments to certain categories of personnel

The procedure for laying off some employees is slightly different from the one outlined above. This is due to the non-standard nature of their work functions or special circumstances:

1. For those employees whose duties are considered seasonal, redundancy payments amount to an amount equal to the average salary for two weeks.
2. Employees of organizations located in the Far North are paid a one-time severance pay and an average salary for three months (if they are not hired earlier).

What will be indicated in the work book

According to Art. 81 of the Labor Code, staff reduction is indicated as a basis for termination of an employment contract in the employee’s work book. It is issued on the day of dismissal along with the accrued amount of money. Upon receipt former employee the enterprise signs several documents (personal card, work record book, insert).

The confirmation of the entry that the employment contract has been terminated is the signature of the HR department employee (who maintains work records) and the employee being dismissed, as well as the seal of the manager.

What should an employee's behavior be like when being made redundant?

When a person receives notice that they are planning to be laid off, they should take the following actions:

1. Make inquiries about the list of persons who do not have the right to dismiss and find out if he is included in this category. In the event that they discover any factor that gives the right to privileges or benefits, this should be stated in a letter and submitted to the manager. The best option is to write the letter in two copies. One of them is given to management with a request to put a mark of receipt on the second. This will be useful evidence in favor of the employee if the case goes to court.
2. Present demands regarding an alternative place of work at this enterprise. The employee does not have to agree to the offer, but a written refusal by the employer to provide vacancies may also become grounds for canceling the decision to lay off.
3. To receive additional payments, you must register with the employment service within a period of no more than two weeks after the staff reduction was made. The Labor Code of the Russian Federation specifies exactly this period. Then the employee becomes entitled to two months' allowance (average wage) if he fails to find a new job.

Most important aspect concludes that the employee should not write a letter of resignation himself after he becomes aware of the upcoming layoff.

Also, you should not give in to your boss’s persuasion and compromise, because dismissal by agreement of the parties does not provide for the payment of severance pay.

Professions at risk

Given the difficult economic situation, layoffs may affect a fairly wide range of companies and organizations. Doctors and teachers may not fear for their jobs, but many firms will still undergo reorganization.

Among employees of budgetary enterprises, funding for the following professions may be limited:

• Employees involved in the telecommunications sector.
• Librarians.
• Postal workers.
• Mosgotrans employees.
• Reduction of the staff of the Ministry of Internal Affairs.

In addition, some employees of state and commercial banks will have to look for new jobs.

Experts say that against the backdrop of such a disappointing situation and in the absence of wage increases, many highly qualified personnel will leave due to own initiative. Without waiting for layoffs, they will learn new relevant professions or look for applications for their talents in other countries.

Many employers and employees are often interested in what the grounds may be for reducing the number of employees under the Labor Code of the Russian Federation in 2018. At the same time, both parties to the labor relationship do not always have an accurate understanding of whether it is necessary to have a justification for reducing staff or the number of employees, and in some cases this is complicated by additional factors, for example, the presence of employees in the hospital. But the current legislation provides clear answers to all questions related to finding grounds for layoffs, as well as liability for unjustified staff reductions.

Grounds for staff reduction under the Labor Code of the Russian Federation - general legal norms

In general, as of 2018, in most cases, grounds for staff reduction are not required from the employer - this provision was in force only during the Soviet Union, and was not provided for by the provisions of the Labor Code of the Russian Federation in principle.

However, many HR specialists or other employees who worked during the USSR period have a common misconception regarding the employer’s obligation to justify a reduction in staff or number of employees. To better understand the current reduction procedure, you can familiarize yourself with the provisions of the following articles of the Labor Code of the Russian Federation:

• Art. 8 Labor Code of the Russian Federation. The provisions of this article regulate the procedure for the preparation by entrepreneurs and other business entities who act as employers of local regulations, on the basis of which the activities of the entire organization, the rights and obligations of employees and other features are regulated. The employer has the right to establish any regulations if they do not contradict current legislation, including identifying possible grounds for reducing the number of employees. However, it should also be remembered that local regulations are mandatory not only for employees, but also for the employer himself, and he may be held accountable for non-compliance.
• Art. 77 Labor Code of the Russian Federation. This article regulates general cases, including staff reductions. However, this article does not directly consider the grounds for layoffs - it only presupposes the existence of a certain legal framework and a list of grounds on which an employee can be dismissed as a whole.
• Art. 81 Labor Code of the Russian Federation. This article discusses the principles of dismissal of employees at the initiative of the employer. And staff reduction is one of the special cases of such dismissal, so the main legal regulation This issue is ensured precisely by the provisions of Art. 81. It also involves imposing certain responsibilities on the employer when reducing staff or the number of employees. At the same time, the grounds for reducing staff or the number of employees can be any - the employer is not required by law to provide any additional facts confirming the need to fire employees.
• Art. 82 Labor Code of the Russian Federation. The provisions of this article should be taken into account when reducing the number of employees or their number, since their failure to comply may lead to the recognition of the employee’s dismissal as unjustified, his reinstatement with payment of compensation for all days of forced absence, as well as the imposition of a fine on the employer. This article discusses the obligation of the employer, when reducing staff, to notify trade union bodies within a strictly defined period.
• Art. 84.1 Labor Code of the Russian Federation. This article establishes general order carrying out the dismissal procedure and necessary actions on the part of the employer. If it is violated, including during a staff reduction, the dismissal may be considered illegal.
• Art. 178 Labor Code of the Russian Federation. Its principles impose on the employer the obligation to pay severance pay to dismissed employees in connection with layoffs and for other reasons, while non-payment of benefits and violation of the established procedure for providing guarantees to employees make the entire layoff procedure illegal.
• Art. 179 Labor Code of the Russian Federation. The standards of this article regulate the issues of preferential rights to keep employees at work in the event of layoffs, which limits the employer’s ability to dismiss individual categories workers.
• Art. 180 Labor Code of the Russian Federation. This article of the Labor Code establishes the procedure for the employer's actions and a general list of guarantees that laid-off employees can count on - reducing their volume will definitely lead to the recognition of the entire dismissal procedure as illegal.
• Art. 261 Labor Code of the Russian Federation. The principles of this article govern the provision of special guarantees to pregnant women. In particular, they cannot be subject to staff reduction under any circumstances.
• Art. 292 Labor Code of the Russian Federation. This article regulates the special procedure for the reduction of employees working under fixed-term contracts for a period of less than 2 months.
• Art. 296 Labor Code of the Russian Federation. This article regulates the procedure for laying off employees employed in seasonal work.
• Art. 318 Labor Code of the Russian Federation. The provisions of the following article must be taken into account by employees and employers who conduct labor activity in the conditions of the Far North.

As can be understood from the above regulatory framework– there are no direct legislative requirements for the existence of grounds for reducing the number or staff of employees. That is, the employer does not necessarily have to look for an appropriate basis. However, there are many nuances that still need to be taken into account when making cuts.

Although the legislation combines the concept of reducing the number or staff of employees, in reality these are two different procedures. When reducing the number of employees, the number of positions in the enterprise does not change, while the number of people occupying them decreases. A reduction in staff may imply the abolition of entire positions and departments, but it may also imply an expansion, including at the expense of those being abolished, of others. structural divisions enterprises.

Reasons for reducing numbers or staff - when they are needed, list

Despite the fact that from the point of view of legislation, the grounds for reducing the number or staff are not considered, in fact, each such procedure has real prerequisites. Factors influencing the need for reduction and being the basis for it may be the following:

Regardless of what factors influenced the need to reduce staff, the employer is not obliged to familiarize employees or the trade union organization with them. However, it should be remembered that an unjustified reduction, if it was carried out in violation of the law or contained signs fictitious reduction, may attract increased attention from supervisory and regulatory authorities and may even be challenged in court.

The employer is not required to justify the existence of grounds for layoffs, even in court. Moreover, the indication of such factors may then require the employer to subsequently present additional evidence of their presence, especially if they were enshrined in local regulations. Therefore, in order to avoid problems and disputes, it is better not to indicate the grounds for staff reduction in orders or other regulations of the enterprise.

Unreasonable reduction of staff without grounds and liability for it

The employer cannot be held accountable directly for the lack of grounds for laying off workers. However, there are a number of situations in which the layoff procedure itself may be considered illegal, which will subsequently be the basis for applying certain sanctions to the employer. Such circumstances may be:

It is the employer who is required to prove the fact of notifying the regulatory authorities and compliance with other required guarantees. Therefore, when abbreviating, it is recommended to use reliable methods of recording all procedural actions. For example, sending notifications with a list of investments, drawing up reports on familiarization of employees with dismissal orders.

In general, the employer’s responsibility for layoffs without reason and in violation of the law presupposes administrative penalties under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, as well as reinstatement of the employee to his position with payment of compensation for all forced absences until the court makes a decision. However, the dismissal of a pregnant woman may also contain signs of a criminal offense.

02.04.18 69 805 4

What to do if you are laid off

Step-by-step instructions for leaving work

I have been doing nothing for three months now and getting paid for it. For some it is a dream, for me it is a necessary necessity.

Albina Khasanshina

got laid off

In September 2017, I and 20 of my colleagues received written notices about the upcoming staff reduction. I heard that when a layoff is made, compensation is due, but at that time I didn’t know what kind.

I was not too lazy to figure it out, so for another three months after the layoff I was paid my full salary, and after that I received unemployment benefits.

Everything is according to the law

The events of this article are based on legal reduction. This doesn't always happen.

Sometimes employers use layoffs to fire employees without objective reasons. At the same time, they eliminate one position and come up with another - formally new, but with the same responsibilities. After that, they simply hire the employee they like best. For example, pregnant women, women on maternity leave, or single mothers are often fired because they do not want to pay them maternity leave or hire temporary employees in their place. This is illegal, and if the case goes to court, the court usually sides with the employee.

When there is a legal reduction, it also happens differently. If an employee received part of his earnings in an envelope, then after the reduction the payments will be less than his salary. And if he was not registered as a staff member, then when he is laid off, they will simply say goodbye to him and will not pay him anything.

All these are topics for separate articles. In my case, the salary was whiter than snow, and the department was actually cut. If this is not the case for you, then you will have to act differently.

How does a layoff differ from a layoff?

Retrenchment is the process by which an employee is fired and their position is eliminated. If, during a regular dismissal, another specialist is hired to replace an employee, then during a layoff, this will not work.

My company closed an entire department and warned all employees about it two months before the layoff. A week before the layoff, eight colleagues were asked to transfer to a new department. Some employees are given preferential right to remain at work, while others cannot be fired at all, even if the staff is reduced. I wasn't one of them. Until November 20, I worked as usual and was preparing for layoffs.

Bypass sheet

A bypass sheet is a document that confirms that the company has no claims against the dismissed employee. When I got a job, the warehouse provided furniture and work clothes, the office provided a computer, the system administrator created account. In order to protect itself from unnecessary expenses and disclosure of trade secrets, the employer stipulates in the employment contract that the employee himself is responsible for the condition of the property and the consequences of the dissemination of information.

The office and warehouse employees checked that I had not damaged the property, the IT department deleted the account, and the pass office took away my ID. Each employee put a mark of receipt and signature on the bypass sheet. Then I took my work book.

On the day of dismissal, the HR department makes an entry in the work book about the reason for termination of the employment contract. In my case it was “reduction of the organization’s workforce.” Under the personnel officer’s note, I signed that I had read the order and agreed with the changes made to the work book.

Final settlement

On the day of dismissal, employees are paid wages for days worked in the current month, compensation for unused vacation and severance pay in the amount of average monthly earnings. Money is credited to the card in one amount.

To figure out how much I was paid and for what, I turned to the accounting department. I was given a payslip.

What was on the payslip

Salary

RUB 50,731

Severance pay

RUB 62,475

Compensation for 16 days of vacation

RUB 23,942

Severe climate surcharge

3922 R

RUB 141,070

Along with the payslip, I immediately asked for three certificates.

Certificate 2-NDFL for this year for getting tax deduction for training, treatment or an apartment. A new employer also needs this certificate to see if a person has the right to standard deductions, for example, for children.

Help about wages over the past three months. You will need it when calculating benefits at the employment center.

After accounting, I went to the local employment center.

Employment Center

The employment center is a place where laid-off employees are helped to find work and not die of hunger during the search. It looks like this: after your dismissal, you register with the center, come once every two weeks, receive a list of vacancies, select one or two from it and go for an interview. And so on until you find a new job.

As long as you do not miss visits and are looking for work in good faith, the employment center will ensure that you receive compensation. If you are laid off, your former employer pays them for the first three months in the form of an average salary. After this, the state pays unemployment benefits.

The employer issues the first compensation upon settlement, the second - two months later, the third - another month later. You will receive the second and third compensation only if you have not yet found a job: formally, this means that there is no entry in the work book.

To receive compensation for the third month, you need to register with the employment center within two weeks after the layoff. If you come after 14 days, the service will register the application, but according to the labor code, the employer will not be able to pay compensation for the third month. In addition, to receive the last part of the compensation, the employer must bring a certificate from the employment center about the decision to keep it for you.

Earnings for the third month is an exceptional payment; the employer needs ironclad reasons for it. It is paid if the employee is the only breadwinner in the family or, for example, supports elderly parents.

Your inspector will help you at the employment center. When you come for the first time, he checks your documents, creates a dossier and offers the first vacancies.

To register with the employment center, take with you your passport, insurance certificate, Taxpayer Identification Number (TIN) and diploma. If you don’t have a diploma, any education document will do. Also, take your work book, a certificate from your previous place of work about your average earnings for the last three months, and a card to which compensation will be transferred - you will be asked for its details.

Within 10 days after registering at the center, you will be assigned unemployed status. From now on, in addition to help in finding a job, you can get advice on organizing your own business, participate in paid public works, ask for financial assistance, apply for an early pension and undergo vocational training. All this is at the expense of the state.

If you start receiving any money other than unemployment benefits or compensation from former employer, the employment center stops all payments and removes you from the register. This can be not only a new job, but also your own business, work under a civil contract, study with a scholarship, pension and even community service.

Payments will also stop if you miss your appointment without a good reason. Good reason illness or death of relatives is considered. To prevent the employment center from deregistering you, call your inspector immediately after the doctor, and on your next visit bring him sick leave or a copy of the death certificate.

If you receive money for freelancing, payments will stop

The Job Center is your friend in need. If you are no longer in trouble, there will always be someone who needs money more. If you try to deceive the center and do not say that you have started working, it will find out about it upon request to the Federal Tax Service and Pension Fund and the entire amount of benefits will have to be returned.

I registered with the employment center the day after I was fired. On the same day, the center began to find me a job.

Vacancies

Everyone who is registered with the employment center is selected a job based on the level of professional training, conditions of the last place of work, health status and transport accessibility. The center’s specialists also try to take into account the average salary at the last place of work, if it was above the subsistence level. A certificate from the accounting department with income for the last three months will be useful here. If there are no suitable vacancies, or if you are looking for a job for the first time or after a year-long break, the specialist will offer any paid option.

The inspector printed out each visit for me. new list vacancies. The journalist or correspondent I worked for previously was not needed anywhere, and other vacancies didn’t appeal either. But I still had to choose some vacancies and go to interviews. As they explained to me at the employment center, if the dossier is empty, they will not issue me a certificate and I will not receive the third average monthly salary from my former employer. I was advised to go to interviews at least once every month and a half.

I checked the box next to the selected offer and signed, after which I was given a referral for an interview.

Interviews

Within three days after receiving the referral, you must undergo an interview with a potential employer. The direction contains the name and address of the company, as well as the telephone number and position of the employee with whom you will communicate. Based on the results of the interview, the company employee writes down his decision directly from the employment center. If it is negative, he explains the reason there.

If the interview was successful, but you did not like the working conditions, then you also write the reason for the refusal in the direction. This could be, for example, low salary, inconvenient schedule or high workload. However, it is better not to abuse this: after two such refusals, the employment center will not issue a certificate or will stop unemployment payments for three months.

The only situation where you can refuse a job and it will not affect your record in any way is if in your previous job you received more than the living wage, and in your current job new job salary is below this level.

I was offered work in a telecommunications company, in a bank and in the MFC. But I don't know how to sell, government institutions I didn’t work and had no experience in the proposed vacancies. I brought the directions with the reason for the refusal on the part of the employer, the date, signature and seal to the appointed visit to the employment center and handed them over for the dossier.

In parallel with visiting the employment center and checking out its vacancies, I looked for a job on my own - on Headhunter and in special channels on Telegram. I understood that the employment center would not find a job equivalent to the previous one, because there were no vacancies in my profession, and for the rest I did not have enough experience.

I recorded every response, phone call, letter and interview in a special sign - an individual plan for an independent job search.

Independent job search

An individual plan for an independent job search is a document that shows that a person is interested in finding a job as quickly as possible and is actively searching. The plan assumes that the unemployed will attend other interviews in addition to the vacancies offered by the employment center.

It is not necessary to look for a job on your own, but employment center inspectors strongly recommend that anyone who wants to receive a third of the redundancy payment from their former employer do so.

The fact is that the certificate is issued by employment center lawyers based on the dossier. From the dossier, the lawyer should be left with the impression that you were actually looking for a job, and did not check in at the employment center for show. There are no formal criteria in the law for which a lawyer must issue you this certificate, so the decision remains at his discretion.

You can achieve a lawyer’s favor without searching for a job yourself, only through referrals from the employment center. But if the offered vacancies do not suit you, and employers want to hire you, you will have to refuse them yourself. Because of this, the lawyer may decide that you do not need the job and not issue a certificate.

Therefore, it is safer to look for a job yourself and record the results in individual plan, and following directions from the employment center, go only to those interviews that you are really interested in or where the employer is most likely to refuse you.

An individual plan is issued at the employment center. This is a table in which you need to record the date, stages of completion and the result of the interview.

Independent job search does not replace scheduled visits to the employment center. If you miss a visit, even three completed individual plan sheets will not help and the unemployed person will be removed from the register.

Total: compensation from the employer

I did everything on time, so in three months I received 188,000 rubles from my employer.

My former employer paid me my first compensation in advance upon my dismissal. Two months later, I came to the accounting department for the second allowance. I took my work book with me, in which the accountant checked that there were no entries about the new place of work.

Another month later, before the last payment, I needed to receive a certificate from the employment center. To do this, I brought to the center a completed individual plan for an independent job search.

188,000 R

for three months I received from my former employer as compensation

The specialist needed three referrals from the center and four interviews from an independent search. I was referred to a lawyer, who also checked whether I attended the employment center on time and whether I had income on the side. I was given a certificate, and I went to the accounting department to receive the last payment.

My employer was responsible and did everything according to the law. You can't blame the company for having to cut staff. Sometimes this helps to maintain solvency in front of other employees: pregnant women, sole breadwinners, or those with many children. But there are companies that do not pay compensation in full and on time in the hope that employees do not know about the payments and will not demand anything. Or there is such a mess in the company that there is no time for compensation. In this case, you should not wait, but demand your due: first politely, then in court.

I know of a case where an employee was laid off and compensation was paid only for a month. He didn't know what was due for two more. And he wouldn’t have known if his wife hadn’t figured it all out herself. Then they wrote a polite letter to their former employer, but were already mentally preparing for the trial. The letter was drafted without a lawyer - they wrote it in their own words. This helped almost instantly: the former employer immediately requested the details and paid all the money a week later. They only asked for a certificate from the employment center.

If the employer does not cooperate, you can demand payment, penalties and moral damages through the court. It's practically a win-win situation.

Unemployment benefit

When compensation from the former employer ends, the employment center begins to pay unemployment benefits. Payments are due to everyone who is registered and worked for at least 26 weeks before dismissal.

The Law “On Employment in the Russian Federation” states how unemployment benefits are calculated. Payments depend on the average salary for the last three months at the previous place of work. For example, the first three months after receiving the last compensation from the employer, the benefit amount is 75% of the previous salary, then another 4 months - 60%, and then - 45%.

But the law contains a clause that payments cannot exceed the maximum amount of unemployment benefits in Russia. In 2018 it is 4900 rubles.

4900 R

the amount of unemployment benefits in Russia. There are also regional bonuses, but not everywhere

In some regions, the benefit is slightly more than the maximum amount, because it is also multiplied by the regional coefficient. It depends on the climatic conditions in which a person lives and works. The more severe the weather, the higher the surcharge. For example, in Moscow and St. Petersburg there is no coefficient, but in the polar regions of Yakutia or Chukotka it is equal to two. I live in Yekaterinburg, here the coefficient is 1.15. Therefore, my unemployment benefit is 5,636 rubles per month.

Payments of unemployment benefits have not yet begun, but knowing their size, I understand that it will be difficult to live on them. I haven’t found a job yet, but I decided to deregister with the employment center and try myself in the role of individual entrepreneur.

What to do when downsizing

1. Make sure that the company has no claims against you. Hand over everything that is written on you and agree with responsible persons. This will save you from going to court with your employer.
2. Obtain the necessary certificates immediately after dismissal. It’s better to keep them at home than to ask the accounting department every time.
3. Within 14 days after dismissal, register with the employment center. This way you can claim compensation from your former employer for the second and third months.
4. Strictly follow the rules of the employment center. The first rule is not to talk about the employment center. Sorry. Of course, the first rule is to show up on the appointed days, go to interviews, look for work on your own and keep the employment center up to date.

If an employee was dismissed due to staff reduction, he must be paid severance pay, which is equal to one average salary for the year. In addition, the average monthly salary is paid until the next employment, but not more than 2 months. Rights and responsibilities of a laid-off employee Even with layoffs, the employee has the right to many things that he should know in advance and take advantage of his opportunities. These include:

• Labor Code of the Russian Federation According to Article 81 part 3 of the Labor Code of the Russian Federation, the employer is obliged to offer another suitable job for an employee who is being laid off, if available.
• The employee must be warned about the upcoming layoff only by the manager himself, and sign about it in the documents.

In addition, the company covers insurance payments and guarantees. It is in order to save their own money and be freed from liability that many employers are trying to convince employees to write a resignation letter. at will. In this case, you will not be paid any compensation or insurance.

• Salary for the month he worked before dismissal.
• If the employee was not on vacation during the current year, then he is entitled to compensation.
• Severance pay, which is paid in all cases.
• Average salary for Last year work in the organization.

Peculiarities of paperwork But quite often there are situations when the preparation of a standard package of documents is not enough, and some controversial situations arise.

Article 81 of the Labor Code of the Russian Federation. termination of an employment contract at the initiative of the employer

But this is done only if there is written consent from the employee. If there is consent, the employee is paid additional compensation which is his average earnings. It is calculated in proportion to the time remaining before the expiration of the notice period for dismissal (Part 3 of Article of the Labor Code). During the consideration of the issue of dismissal of the employee, the body of the primary trade union organization was present, which decided that it was impossible to transfer the employee with his consent to another job.
The employer retains the right to determine the staff and number of employees. However, in some cases, this right may be limited by law. In article 14 Federal Law dated December 21, 2001

No. 178-FZ “On the privatization of state and municipal property” (SZ of the Russian Federation 2002. No. 4. Article 251) reveals this essence.

Dismissal due to staff reduction in the Labor Code of the Russian Federation - how to register?

Info

How is it planned to change the procedure for taxing the income of individual entrepreneurs and self-employed citizens? What has changed in the labor safety rules in road transport? How, according to the RF Armed Forces, do labor and labor differ? civil contracts? March 26, 2018Preferences in rental relations for social businesses in Moscow Preferential rent rates, preferential right to purchase premises or participation in the “Ruble for square meter“- about these benefits in the column of Nino Gulbani, legal consultant in the Real Estate and Construction practice of Alta Via. This must happen no later than two months before losing your job.

• If both parties agree, then the relationship can be terminated earlier than after 2 months.

Dismissal due to staff reduction. nuances. how to behave correctly.

Dismissals of employees due to reduction are possible provided that the employer complies with a number of conditions

1. Full and strict compliance with the reduction procedure provided for by law. If the enterprise previously concluded collective agreements with employees, or the employment contracts of those being dismissed contain additional guarantees upon dismissal, these must also be observed.
2. Justification for dismissal. As already mentioned, in the event of a dispute, the court has the right to check whether the dismissal was justified economically and organizationally.
3. Notification of the employment service. This point is worth highlighting separately, since some employers manage to completely forget about this requirement, as a result of which they are then forced to pay fines and pay employees for forced absenteeism.

[Return to contents] ✔ Procedure, procedure and rules for dismissal due to reduction.

Labor Code: dismissal due to reduction

• Order to reduce staff;
• A notice of dismissal is made for each candidate;
• Those being dismissed put their signatures and date on the issued order regarding the upcoming staff reduction (two months in advance);
• An act on the offer of another job to the employee or another position is provided;
• Act on the dismissal employee’s disagreement with the offer of another job (dates and signature of the dismissed employee) - in case of disagreement or in case of agreement, prepare an Act on the consent of the other proposed job (date and signature);
• Notification letter to the exchange, three months in advance;
• Order of dismissal, where it is necessary to have the signature and date of the dismissed person;
• Payment documents signed by the dismissed person himself, indicating that he received payments in accordance with the law.
Severance pay and compensation: payment procedure The accrual of funds for reduction occurs according to Article 178 of the Labor Code of the Russian Federation.

• Dismissal due to staff reduction in the Labor Code of the Russian Federation - how to register?
• Labor Code: dismissal due to reduction
• Dismissal due to staff reduction. nuances. how to behave correctly.
• Dismissal due to staff reduction in 2018: compensation, step-by-step instructions
• Article 81. Termination of an employment contract at the initiative of the employer
• Article 81 of the Labor Code in case of staff reduction

Important Federal Law of June 30, 2006 N 90-FZ) (see the text in the previous edition) e) violation of labor protection requirements by an employee established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (an accident on production, accident, catastrophe) or knowingly created a real threat of such consequences; (as amended by Federal Law No. 90-FZ of June 30, 2006) (see.

Attention

A higher qualification of an employee is confirmed, in addition to education and experience, by the presence of additional qualification characteristics (ability to work on a computer, proficiency in one or more foreign languages), knowledge of the specifics of work, improvement of the employee’s qualifications. Often also taken into account personal qualities employee (friendliness, sociability, ability to quickly navigate in non-standard situations, sense of responsibility, etc.). These business qualities the employee is confirmed by various documents, such as: characteristics, memos from the immediate superior, results of previously conducted certification, etc.

• If an employee is registered with the labor exchange after dismissal, but is not employed, the former enterprise continues to pay him the average monthly salary for two months (but with the deduction of the severance pay already received).
• If the employee agrees, he can resign due to reduction before the expiration of the two-month period.