This method of terminating an employment contract stands out among others. It can rightfully be called one of the most protective rights of the employee, not the employer. Although this option is the most labor-intensive.

What the law says

Clearly articulating the differences between reduction in numbers And staff reduction the law does not.

In practice, there is only one difference: when reducing numbers, a position is not excluded from the staffing table, only the number of people occupying it changes (there were 5 managers, 2 will remain).

And if the staff is reduced, then the position is removed from the schedule altogether (for example, the position of a materials accountant is excluded, his duties will be performed by a payroll accountant).

Making changes to the staffing table

It is possible to reduce employees only when the position is no longer on the staffing table. Thus, you can make changes to an existing schedule, or develop another one, taking into account all the changes.

The new version of the schedule is approved by the relevant order, which also explains why the need for reduction arose and when it will be carried out.

All employees of the company or enterprise must be familiar with this order.

Categories of persons who cannot be reduced

Reduction in the number of employees or staff - This is entirely an initiative of the management of a company or enterprise. At the same time, for individual categories employees have benefits. This will be discussed in more detail below.

In general, during layoffs, a certain rule applies, which is reflected in the law: those employees who have less qualifications and low labor efficiency indicators are fired first. In practice, these are most often employees with the least work experience.

The following employees enjoy the advantage of remaining at work:

1. Are parents of disabled children;
2. Single mothers;
3. Single fathers;
4. Are the sole breadwinners in the family;
5. Injured or prof. diseases in this particular workplace;
6. Persons who became disabled in wars;
7. Heroes of Russia and the Soviet Union;
8. Victims of the Chernobyl disaster;
9. Victims of tests in Semipalatinsk;
10. Those undergoing training for which they were directed by the organization;
11. Employees who patented inventions (USSR legislation applies here);
12. Heads of trade union organizations;
13. Voted representatives of the collective who take part in the resolution conflict situations with guidance.

So, it is unacceptable to dismiss due to reduction:

1. Persons, ;
2. The employee who has the sick leave;
3. Women who have children under 3 years of age.

This list is not exhaustive; the full list is given in the legislation.

Reasons for laying off employees

The law does not directly establish reasons for dismissal due to redundancy. It is the employer's right to make a reduction if economic conditions arise that require it. But if a dispute arises, the court has the right to check how compelling the reasons were and whether the reduction was justified.

Generally, serious circumstances include:

• Inability to pay wages to a large staff of workers;
• There are positions on staff that are not currently required;
• Production technology is changing, and therefore some employees will not be in demand.

Conditions for dismissal

Their compliance primarily concerns the employer if he does not want to pay fines and compensation to illegally dismissed employees in the future.

• The downsizing procedure must be strictly followed. Any deviation from it will entail a lot of negative consequences;
• The dismissal must be justified, and the court has the right to verify this;
• The employment service must be notified. Employers who ignore this condition often have to pay fired employees for forced absences, already by court decision.

Order and procedure for reduction

Dismissal due to reduction is carried out in the following order:

1. The company's management issues an order indicating planned reductions. And no less than 2 months before the dismissal of employees. Each employee is warned about this personally, and gets acquainted with the order upon signature;
2. Employees subject to layoffs must be offered other positions that correspond to their qualifications. It is worth considering that this is done not just once, but throughout the entire period before termination;
3. The trade union organization must be notified if it operates in the company. If there is a massive layoff, then notice of layoff sent to the trade union 3 months in advance, as required by the Constitutional Court of the Russian Federation in its determination;
4. In addition to the trade union organization, the employer also warns the employment service;
5. If an employee does not agree to any of the proposed vacancies, an order to reduce staff is issued. The employee’s refusal must be in writing and signed by the employee;
6. With the consent of the employee, he may be dismissed before the expiration of the two-month period.

Employee rights when staffing is reduced

Many people are poorly versed in the laws, which sometimes becomes convenient for unscrupulous employers. Taking advantage of this situation, they often violate the rights of employees and do not produce everything due payments. To prevent this from happening, it is worth considering this point in more detail.

What does an employee have the right to, guaranteed by law:

• Severance pay in the amount of average monthly earnings;
• To save this earnings until you find new job(time limit set);
• For compensation provided for in an employment or collective agreement.

From the above examples it is clear that the state protects citizens from layoffs at the whim of management and provides the opportunity to challenge dismissal in court if it is illegal.

How are payments made upon dismissal due to staff reduction?

Table 1. Payment procedure

What to do if payments have not been made in full

Important information : any delay in payments is a violation of the law!

If this order has been violated, any employee can go to court, demanding:

• Compensation for vacation that was not used;
• For sick leave that was not paid;
• For moral experiences;
• Compensation for expenses incurred when contacting a lawyer;
• All % due for delay in payments.

At the same time, you can contact the prosecutor's office. Usually frightened employers pay everything. If this happens, you can drop your claim.

The statute of limitations for filing a complaint with these authorities is 3 months from the date of dismissal.

In any case, you need to carefully study your rights and learn how to protect them.

How to resign more profitably: by layoff or by agreement of the parties

Let's do a little comparative analysis two types of dismissal. Since employees quite often ask specialists this question, it is worth paying attention to its consideration. And we will present the results in the form of a table.

table 2.Comparative analysis of types of dismissal

How profitable it is to quit is up to everyone to decide for themselves. You can rely on the criteria given in the table, or you can ignore them. In any case, you need to focus on the situation that has developed for a particular person.

Employer mistakes

• Pressure on an employee to force him to resign at will. Usually dictated by a reluctance to make payments required by law;
• Dismissal of an employee who is included in a preferential category (the categories are discussed above);
• Lack of coordination of the reduction procedure with the trade union (if there is one);
• Reduction without written notice.

This list contains the most typical and common errors. Some of them are interpreted by the legislator as illegal dismissal and carry serious legal consequences for the irresponsible employer.

Conclusion

To summarize, we can say that dismissal due to staff reduction can affect any person. No one is immune from this, especially if there is a difficult economic situation nationwide.

In such a situation, it is important to know your rights and ensure that they are not violated. And if certain difficulties arise, seek help from competent specialists.

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 reduction; it only assumes the presence of a certain legal framework and a list of grounds on which an employee may be dismissed in general.
• 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 certain categories of employees.
• 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 regulatory framework described above, 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 through the abolition, of other structural divisions of the enterprise.

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.

In conditions of an economic crisis, dismissal due to staff reduction at an enterprise is a forced measure to equalize the financial balance. Reduction occurs by reducing the number of employees, while eliminating a specific position from the schedule. For example, the duties of a reduced personnel officer are assigned to an accountant. Due to the current circumstances, citizens who have lost their jobs, the Labor Code guarantees payments and various guarantees, which are regulated by the provisions of Article 180. Therefore, in such situations, it is important to know your rights, what you can count on and how the dismissal procedure works according to the law. This process is provided for by the second paragraph of Article 81 of the Labor Code of the Russian Federation. It is due to the presence of a number of subtleties and nuances, which cannot be ignored.

Reduction of staff units

The downsizing procedure itself is legal; it is a kind of tool that company management willingly uses when it wants to “optimize” its staff. But since the layoff process is lengthy and costly, some unscrupulous employers ask employees to write a statement of their own free will, explaining that the wording is simpler and the calculation is faster. The reduction must be carried out without deviating from the legislation in order to avoid problems with the law. When the screening of staff units is carried out in violation, the employee has a chance to be restored to the previous position workplace, but for this you will have to file a claim in court. Preferential rights when an employee is laid off, allowing him to remain in the organization, are described in Article 179 of the Labor Code of the Russian Federation.

Grounds and reasons for staff reduction

The legislation does not provide a clear definition of the situation when management can carry out the process of reducing subordinates. The grounds in all cases are individual. The definition of the Constitutional Court of the Russian Federation No. 867-О-О dated December 18, 2007 states that staff reduction can be made for any economic need. Responsibility for the process lies solely with the employer. Before starting the case, the order indicates the reasons for the dismissal. Here are the main ones leading to the reduction:

Notifying employees about layoffs

Based on the Labor Code, the reduction takes place in several stages, during which management must comply with the requirements and carry out actions in a strict order:

1. Before reducing the headquarters, an order is prepared 2 months in advance. After indicating the reasons, it is certified by the signature of the authorities (Article 180 of the Labor Code of the Russian Federation).
2. In addition, after the decree is issued, the candidate for dismissal must be given a notice of layoff.
3. Next, employment centers and the trade union are brought up to date.

A company can exclude employees from its ranks without notifying them two months in advance, but then it is obliged to immediately make a calculation and also charge people compensation in the amount of two months’ average earnings (Labor Code, employee reduction, Articles 178 and 180).

Who is the first to be laid off according to the law?

Let's look at how the law determines who will not be laid off at work. Management has a special regard for those employees who have high qualifications and labor productivity. In order to push them to the last place, the authorities and the commission collect information and evaluate the position and effectiveness of personnel within the headquarters. It is not indicated anywhere how many people should be on the commission; this is decided by the manager based on the scale of the enterprise, the number of workers and other subjective aspects.

Notifying an employee about layoffs

But when there is a choice between identical positions or responsibilities are merged and assigned to one employee, managers and candidates for layoffs must know the law based on Article 179 of the Labor Code of the Russian Federation. In theory, people with high labor productivity should be retained at headquarters. And when the qualifications of employees are equal, it is worth considering that those who have privileges compared to their colleagues will not be laid off. The right to remain at work has:

• an employee who has been injured or caused harm to health in production in this organization;
• a person who has more than two dependents;
• disabled person and combat veteran th;
• an employee who is undergoing advanced training courses, and at the same time works at the enterprise;
• employee, if he is the only breadwinner in the family.

In addition to individual positions, entire divisions, divisions, and departments may be laid off. But, if there are “non-redundant persons” there, then they are transferred to other departments of the enterprise and are not deprived of their jobs. Non-redundant employees are:

When the dismissal process is violated and an employee who fits one of these provisions is fired, an application is filed with the court, after which the person is automatically reinstated. In addition, the court obliges the employer to pay for forced absences to the employee. But those who are classified as “privileged” employees must be compensated a decent amount in the event of layoffs during liquidation of the enterprise.

Dismissal procedure

Abolition of staff positions for any organization is a rather complicated procedure, since deviation from the stages is fraught with litigation for the manager. Let us consider in detail how to correctly lay off an employee through staff reduction. The order of the dismissal stages is as follows:

1. Changing the organization's staffing table And. The newly introduced schedule provides for the actual elimination of the position, and only then the reduction of employees. Afterwards, all amendments are approved by order.

   

   Sample order to carry out reduction measures

2. Coordination of changes and approval of a different schedule. The decree on the intended dismissal is issued at least two months before the operation. When a massive layoff is planned, employees are notified by notice three months in advance. The order indicates the reason why the reduction is taking place, the people responsible for the dismissal process and the timing of implementation are noted.
3. Notification of employment service and trade union. Guided by Part 2 of Art. 25 of the Labor Code of the Russian Federation, the manager must inform the employment authorities and the trade union. Notification shall be in writing given two weeks prior to the commencement of the action. If a massive layoff is carried out, the trade union organization and the employment service are informed several months in advance. The document should include the position, profession, payment terms for each employee and all other qualification requirements for them. The sent message is recorded in the employer's journal of outgoing documents. The union must voice its decision regarding the notification a week in advance. When a refusal is received, the parties hold negotiations within three days, where positions are agreed upon, the results of which are documented in a protocol. If a common opinion has not been reached, and the head of the company has carried out the reduction, the union files a complaint with the Federal Labor Inspectorate. There they examine the case and make an appropriate decision. When minors work in a company, in order to carry out layoffs, you must first obtain permission from the State Labor Inspectorate and the Commission on Minors' Affairs in accordance with Art. 269 ​​Labor Code of the Russian Federation.
4. Formation of the commission. The commission should include a manager, a lawyer and a representative of the trade union committee.

   

   Formation of a staff reduction commission

5. Notifying employees with individual notification. Each employee is notified personally that a layoff will soon take place; after familiarization, the person must sign. It should be noted that the legislation provides for different notification periods for certain categories of subordinates. The notice is generated in two copies, one goes to the employee, the other remains with management. Afterwards it is registered in the journal of notifications and proposals to employees.
6. Offer of other positions. For those who are subject to dismissal, management is obliged by another order to offer new positions. The document is prepared in two copies. Next, it is registered in the journal of offers to the employee. Copies of responsibilities must be attached with proposed positions for your review. It is important for managers to indicate the period within which the employee must make a decision. All that is required of a person is to decide to move to another place or write a refusal and certify it with a signature. If an employee has expressed consent to take another position, then the registration procedure is carried out according to the standard scheme. So after agreeing to employment contract amendments are made by drawing up an additional agreement. Then management issues a decree to transfer the subordinate to another workplace. If within two months the employee has not agreed to any of the proposed vacancies, an order is prepared for him to dismiss him due to staff reduction using the unified T-8 form.
7. Issuing an order to terminate an employment contract A. After review, the document is signed by each dismissed employee. If for some reason the subordinate refuses to read the order, then they act in accordance with Part 2 of Article 84.1 of the Labor Code of the Russian Federation. Afterwards it is registered in the organization’s order journal. Further, the procedure for dismissal due to staff reduction involves drawing up a settlement note, the final settlement with the employee takes place and delivery work book.

   

   List of employees subject to dismissal

8. Settlements with employee(s). On the day of dismissal, according to Art. 84.1 of the Labor Code of the Russian Federation, the employee is also being calculated, including all additional payments, compensation, wages and funds for untaken vacation. Also, during a layoff, a person is charged severance pay in the amount of average monthly earnings. In addition, the employee retains this benefit for two months until he finds a job. In special situations, the payment extends to the third month of searching. Employment services give permission for this if the person contacts them no later than two weeks after removal from office. As you can see, the rules for laying off workers at an enterprise and labor Code provide that payments may not be issued immediately, but in stages. Thus, salary, vacation compensation and severance pay are paid during dismissal. The rest is credited after the second and third month according to the conditions described above. The salary is calculated in full with all allowances, for unused vacation the amount goes to one hundred percent if a person has worked for more than five and a half months.
9. Issuance of a work book. First, the relevant entries are made in the work book. Then the fact of issuing the document is recorded in the work record book. Make a copy of the document of each dismissed employee for the organization’s archive. They hand over the labor. When a person does not show up for a document, a notification is sent to him by email. As soon as the notification has been sent, the organization ceases to be responsible for the delay of the document (Part 6 of Article 84.1 of the Labor Code of the Russian Federation). If an employee comes and picks up a work record book, then he confirms the fact of receipt by signing in the work record book.

When a person is sick or on vacation on the day of layoff, his dismissal is postponed until he recovers or ends his vacation.

What to do if staff reduction is coming

How to behave correctly when making redundancies?

Employees who are included in the elimination list need to know their rights:

1. Look through the list of privileged persons, perhaps you are among them. If you notice a violation, you need to notify the head of the organization in writing and demand correction on both copies of the documents. If management does not take any measures, you can go to court, the prosecutor’s office or the Rostrudinspectorate.
2. Insist on another position if you are not offered anything. If you are not satisfied with the options presented, then the refusal must be recorded on paper.

   In contact with

   What rights do employees dismissed as a result of staff reduction have, and what are the benefits of this type of dismissal?

   What is staff reduction?

   Staff reduction is a reduction in the number of employees on the initiative of the enterprise management. Typically, an employer reduces its workforce when it is unable to pay them wages. This often happens during a financial crisis, but even in calm times you can get laid off.

   Good to know!

   The employer is obliged to warn employees about the upcoming layoff at least two months before dismissal, in writing and against signature.

   Important!

   The employer does not have the right to reduce:

   Pregnant
   women with children under 3 years of age
   single mothers raising a child under 14 years of age or a disabled child under 18 years of age

   If the layoff is illegal

   The dismissal procedure for layoffs is not simple, and employers often make mistakes: they fire those who are not allowed, fill out documents incorrectly, violate notice periods... In any of these cases, you can go to court and be reinstated at work. But, if you quit voluntarily under pressure from your boss, you won’t have to count on reinstatement.

   Downsizing is profitable!

   Dismissal due to reduction is considered one of the most beneficial - for the employee, but not for the employer. The law obliges him to compensate the laid-off employee for damages, or rather, to pay compensation. And in order not to pay compensation, employers, when reducing staff, often ask subordinates to write a statement of their own free will.
   If you understand that you are actually being prepared for layoffs, it is in your interests not to allow a staging of “your own desire”, but to ensure compliance with the entire dismissal procedure for staff reduction. In this case, the employer will be required to do the following.

   STEP 1

   Offer you another available position at your company. If your qualifications are higher than required, the employer is obliged to make such an offer, but if it is lower, alas.

   STEP 2

   If you refuse the offered position, the employer is obliged to compensate you for material damages from the loss of your job.

   Firstly, the law guarantees you at least one month of comfortable existence at the expense of former employer. After dismissal, you must be paid severance pay in the amount of your average monthly earnings.

   Secondly, if you do not get a job within a month, you must be paid the average salary for the second month.

   Thirdly, in some cases, you will be able to receive a salary for the third month after dismissal. To do this, you must register with the labor exchange for employment within 14 days after dismissal. If within three months from the date of dismissal the exchange does not find another job for you that matches your qualifications, the administration of the exchange will oblige you former employer pay you another salary. However, it is important to understand: you will be paid a third salary only if there really is no job suitable for you on the stock exchange. If you simply refuse vacancies that suit you, you will not only not receive a third salary, but you may also be kicked out of the labor exchange.

   BY THE WAY

   If you join the labor exchange on time after your layoff, you will have continuous work experience for three months after your dismissal.

   Calculation rules

   The day of dismissal is considered the last day of work. It is on this day that the employee should be given money and documents, in particular a work book. If the employer violates the terms, you have the right to sue him. Then, in addition to the calculation, you will receive monetary compensation for each day of delay. However, usually one hint of a complaint to the Labor Inspectorate is enough for the employer to pay the employee as expected.

   Downsizing “spoils” labor

   There is an opinion that employers do not like to hire people who have been laid off due to layoffs. They say that if you were fired due to reduction, it means that you were the least valuable employee.

   In fact, this is nothing more than a fairy tale invented by employers who do not want to pay severance pay to people laid off due to layoffs. After all, this is a considerable expense for the organization. As for the new employer, your work experience and desire to work will be much more important to him than the reason for dismissal.

   Working in a crisis

   To avoid being fired, try following some rules:

   Show hard work

   To demonstrate your hard work to management, you will have to work tirelessly. You will have to stay late at work if you are asked to finish something or do work that is not yours. If you want to keep your job, you will have to accept any job. There is hope that out of two employees you will be chosen.

   Don't be late

   If earlier you could afford to be late for work or stay late for lunch, now you shouldn’t do this. All this is a reason to find fault with you and fire you.

   Remind yourself of your importance

   Think about what exactly you did for the company: you signed an important contract, exceeded the plan more than once... And unobtrusively mention this at every opportunity in conversations with colleagues and management. There is no need to be modest, there is no need for it now. Management is not obligated to remember the achievements of all employees, and it would be a good idea to remind them how valuable you are to the company.

   Exercise self-control

   Having learned that layoffs are coming in the company, you should not pay too much attention to this fact, much less come to your superiors to press for pity, or whisper with colleagues on the sidelines. It is better to devote maximum time to work - your superiors will appreciate it.

   Be prepared to compromise

   Hot temper, inflexibility, conflict - these qualities will not play into your hands during a crisis at work. It is now no less difficult for the manager than for the subordinates. And no one wants to waste their nerves on an obstinate employee. Try to curb your temper and make it comfortable to work with you. Be calm and friendly at work. Show with all your appearance that you know your business and this is the main thing for you.

   During a series of measures to reduce staff or the number of employees, many issues may arise that require resolution in accordance with the procedure and conditions for dismissal of employees. The most common questions: how is an employee dismissed due to job reduction? How and what are payments made? What is the role of elected trade union bodies?

   The dismissal of an employee due to a reduction in position occurs in a certain order

   Indeed, dismissal due to job reduction is a complex process that occurs in a certain order. So, the main issues of staff reduction and layoffs.

   Who determines the size of the staff and the structure of the organization?

   According to general rules, the staffing and structure of the company are determined by the organization itself. Therefore, the staffing table can often change depending on the wishes of the manager, the need to reduce costs or increase profits.

   When resolving claims for reinstatement of employees whose employment contract was terminated due to changes in the staffing table, the reasons for the reduction of position are clarified in court.

   The same applies to whether the procedure for reducing the position was followed. Otherwise, the employee has the right to sue the employer.

   The fact that the job reduction procedure was carried out in accordance with all rules will be confirmed by the relevant documents:

   • orders from the boss)
   • orders)
   • notice of termination of TD)
   • extracts from the staffing table)
   • documents on fund reduction wages.

   This data will allow the court to figure out whether staff reductions actually took place and what opportunities were provided to employees (vacancies or transfers, generous compensation payments, etc.).

   In the event of a layoff, who is fired first?

   When the decision is made to reduce the number or workforce, it is necessary to eliminate vacant positions before reaching the working people. Only after this can reductions be made at the expense of employees.

   It should be noted that the candidacies of employees subject to dismissal for reasons of staff reduction are determined by the administration with the participation of the trade union. The rules for dismissing an employee from a position must be carried out strictly in accordance with the legislation and the Labor Code of the Russian Federation. Each candidate must be considered individually. In this case, the opinion of the structural unit in which the employee works should be taken into account. Not everyone has a priority to stay at work.

   According to Article 34 of the Labor Code, workers with higher qualifications and labor productivity are kept at work when the number of employees is reduced.

   Business and personal qualities. Right to evaluate business qualities employees are provided to the head of the organization. At the same time, they take into account various information that characterizes them both from a professional and personal perspective:

   • documents indicating education,
   • work experience data,
   • work experience in this specialty,
   • quality of fulfillment of official obligations,
   • belonging to a certain qualification group,
   • incentives, awards, etc.

   

   The manager also has the right to appoint a human resources specialist to conduct employee assessments. This will allow you to judge employees unbiasedly and make decisions based on professionalism rather than personal preferences. So, preference is given to the following categories of workers:

   • employees with families)
   • persons with dependents)
   • breadwinners of the family)
   • employees with extensive work experience in this organization)
   • workers with work-related injuries received at this production)
   • employees who are improving their qualifications and working at the same time)
   • disabled people of WWII)
   • inventors)
   • family members of military personnel)
   • people who have suffered radiation sickness (victims of the Chernobyl accident).

   These categories of people who have a preferential right not to be fired during layoffs are absolutely equal. The state does not provide for other categories of beneficiaries. However, if a beneficiary fits several categories, he has more reasons to stay at work than others.

   According to Article 40, Part 2 of the Labor Code of the Russian Federation, during the release of employees due to staff reduction, the benefits provided for by the collective agreement, if any, may be taken into account. It should be noted that this right can be exercised after the administration has considered all preferences for remaining at work.

   The reduction of positions is carried out with the aim of optimizing the organization’s work and more rational staffing of qualified personnel. That is why the administration tries to select the best workers to keep them in the organization.

   If there are grounds for reducing the position and the order is signed, the valuable employee may be transferred to another vacant position. Thus, according to the decision of the Supreme Court of the Russian Federation, in the event of staff reduction measures, the administration can rearrange employees within similar positions in order to leave a more qualified specialist to work. However, since 1998, there has been a law according to which it is impossible to dismiss an employee due to reduction if his position is retained in the staff list.

   Who is prohibited from being fired?

   The Labor Code considers job reduction as completely legal. However, please note that not all employees can be fired easily. Thus, pregnant women, as well as employees with children under three years of age, cannot be considered as candidates for dismissal. Also, employees with disabled children and single mothers with young children are not subject to dismissal. Some other categories of employees cannot be dismissed in accordance with Article 170 of the Labor Code of the Russian Federation. It does not matter whether these persons are on vacation or working during the period of staff reduction.

   The exception is the complete cessation of the existence of the company. In this case, all employees are subject to dismissal, regardless of the availability of privileges and rights.

   Dismissal as a result of a reduction in the number of employees or staff can be carried out if the employee subject to dismissal does not have the advantage of being retained in the position in comparison with other employees with the same productivity and qualifications. Also, an employee is subject to dismissal if he is laid off if he cannot be provided with an alternative place of work.

   Transfer or employment opportunities

   

   After candidates for layoffs have been reviewed and a list of employees subject to dismissal has been compiled, the administration must offer the employee to take another vacant position upon layoff. According to Article 40 of the Labor Code of the Russian Federation, an employee, simultaneously with notification of being laid off and upcoming dismissal another job should be offered. Also, no later than a couple of months in advance, the administration is obliged to inform the employment service about the dismissal of employees. In this case, it is necessary to submit data for each employee indicating:

   • specialties,
   • professions,
   • qualifications,
   • position held,
   • amount of payment.

   The union must be notified of the mass layoff at the same time as the employment center.

   An order form for job reduction must be prepared. Afterwards, all employees should be notified by posting an announcement on the stand. Regardless of whether employees are laid off or not, they should be aware of the upcoming reduction in staff.

   Each employee is warned individually under signature about the upcoming dismissal two months earlier. In case of refusal to sign the warning paper, the boss or administration draws up an act with the signatures of witnesses, which will record and confirm that the employee is familiar with the document.

   The administration can notify the employee of the upcoming payment during the period of his illness or vacation, but the employee can be fired only after he returns to work. After notice of dismissal, the specialist is obliged to work for the remaining two months in compliance with all internal rules. In case of violations labor discipline an employee may be dismissed earlier due to an article that is “unfavorable” for his future career.

   The notice period for dismissal is established in the interests of the employee, so he can submit a petition to the administration to reduce the period if he has found another job and wants to begin fulfilling his new duties. If the administration does not insist that the employee continue to perform his duties, he may be dismissed ahead of schedule upon application with the provision of all guarantees and compensation payments.

   It should be noted that the application requesting early dismissal must be drawn up correctly. Otherwise, the employee may be fired “at his own request” and deprived of all the benefits he is entitled to.

   If the dismissal of an employee who is on vacation occurs on the day of his absence, then he may be dismissed later, when he arrives at work at the end of his sick leave or health leave.

   Dismissal due to job reduction

   If available positions are not offered upon dismissal, it is imperative to draw up an act indicating the absence of alternative vacancies. Otherwise, the employee may challenge the legality of his dismissal in court. It is also necessary, if possible, to provide a transfer to another city for a similar job or offer all available vacancies, including those that are below the employee’s qualification level or have lower pay.

   Only after the employee refuses to take advantage of the boss’s proposals should it be calculated. It should also be noted that all available positions should be submitted for consideration by the employee in order to avoid problems in the future.

   The most optimal option for dismissal during layoff is transfer to another place. When a position is reduced, the conditions of dismissal do not allow the employee to remain, since otherwise he will have to take the place of another person, which is not legal. Although previously the law provided that the administration could retain employees with the highest qualifications and labor productivity in the organization and form staff from them, now these actions are illegitimate. Employees must be aware of all changes to the staffing table.

   If translation is not possible

   
   

   The rules for dismissing an employee from a position must be carried out strictly in accordance with the legislation and the Labor Code of the Russian Federation

   Dismissal under Article 33 of the Labor Code of the Russian Federation is possible only if a transfer is impossible or if the person does not agree to work in another place. The contract was concluded between the employee and the organization, therefore all vacancies that are available in the organization, and not just in structural unit where the employee worked.

   It is worth noting that the employee does not have the right to demand any position that interests him in this organization. During the conclusion of the TD, he took a job that corresponded to his education and qualifications. Based on this, he can be offered a position that matches his qualifications.

   If there are no suitable vacancies, the administration is obliged to present the employee with a lower-paid job in his specialty. Management is obliged to select and offer positions to the dismissed employee during the entire period from the notice of layoff to the day of payment. If the matter comes to legal difficulties, and it turns out that the administration did not offer the employee an available suitable vacancy, the dismissal will not only be considered unlawful, but the organization itself will have to pay the plaintiff:

   • legal costs)
   • compensation for moral damage)
   • money that could be his wages in an unoffered position.

   The role of the trade union

   This body protects the rights of workers and controls the legality of the administration’s actions regarding them. Representatives of the trade union committee answer questions about job reduction and dismissal due to staff reduction, and also check whether the article under which the employment contract is terminated in these cases coincides.

   An employee can be fired only with the permission of the trade union body. This rule applies to union members. This body does not have powers in the event of dismissal:

   • head (manager) of an organization or branch)
   • deputy chief)
   • senior staff)
   • elected employees)
   • persons approved or appointed to positions by government authorities (government bodies) and public organizations.

   If the trade union body does not allow the employee to be dismissed, then this decision is communicated to the administration. Next, consultations between the trade union committee and the company management will be held, as a result of which either the employee will be kept at work or the case will be resolved in court.

   Last day of work

   On the day of dismissal, the manager is obliged to issue the employee a work book. The person being dismissed must fill out forms, which will later be transferred to the archive. In the event of a delay in issuing a work permit due to the fault of the administration or boss, the employee will receive compensation in the amount of average earnings for the period of “absenteeism”, in accordance with Articles 39, 98, 99 of the Labor Code of the Russian Federation.

   If the delay in issuing the work book (the fault of the employer) is associated with undesirable consequences for the employee, he has the right to demand that the administration of the establishment change the date of dismissal. If refused, the employee may go to court.

   Compensation

   What is paid upon dismissal due to job reduction? First of all, as in any case of dismissal, it is necessary to pay the settlement amount. They consist of the following components.

   All guarantees and compensations are provided to the employee in accordance with current legislation. In this case, the reason for the reduction does not matter at all:

   • reduction in the number of employees)
   • staff reduction)
   • reorganization occurred as a result of the merger of companies or the merger of branches, etc.

   In the event of termination of the contract between an employee and a manager due to a reduction in position, the employee is entitled to the following payments:

   • maintaining the average salary for the period of employment (no more than two months))
   • salary for the third month without work, if his request to find a job is not satisfied by the employment service)
   • other material compensation.

   Payment of settlement money is carried out at the place of employment. It is provided upon presentation by the employee of a work book. In order to receive financial payments in the future, you must register with the employment service as a temporarily unemployed person. If the break in work does not exceed three months, the employee retains the right to receive continuous work experience.

   
   

   The notification form for job reduction is a mandatory element of any reduction.

   If a laid-off employee contacts the employment service on time, he can count on extending his work experience in the future, for the period of receiving a scholarship or unemployment benefit when performing paid public work.

   Maintaining a continuous work history is important for a person who wants to find a job. In addition, it is this indicator that will determine the size of unemployment payments. This can help in the future with remuneration (percentage bonuses, one-time remuneration based on length of service, etc.).

   If a dismissed employee was refused help when contacting the employment service, he may be granted early retirement (only with his consent). It is assigned provided that the employee has the required length of service for retirement due to old age (this also includes receiving preferential payments as an increase in pension). The employee is guaranteed, even after dismissal, to maintain a waiting list for housing and the opportunity for his family to use child care and medical institutions.

   Allotted leave or financial compensation thereof

   It should also be remembered that upon dismissal due to a reduction in position, the employee has the right to spend the vacation allotted to him by law. If the director cannot provide the dismissed employee with leave, this will have to be settled financially. So, the first step is to provide compensation in the form material bonus corresponding to the amount of vacation pay.

   During the vacation period, “health” bonuses are accrued, so the employee can receive partial cash payments. It should be noted that dismissal implies unemployment in the future, therefore material compensation in the amount of average wages for two months will also be provided.