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The economic realities today are such that a number of enterprises and organizations have planned staff reductions in 2017 as one of the ways to optimize own costs. The process of dismissal of a large number of employees at the initiative of the employer always attracts the attention of regulatory authorities. Even the slightest deviation from the procedure for layoffs prescribed by labor legislation is fraught with lawsuits from dissatisfied former employees and penalties.
The process of dismissal is always accompanied by conflicts. Human Resources it is necessary to know and strictly follow all the stages of the reduction of staff according to the Labor Code. And also do not forget that the state provides the dismissed employees with a number of guarantees, the implementation of which is redirected to employers. Let's consider how to properly prepare and carry out this complex procedure and describe in detail the algorithm for dismissal to reduce staff.
What is downsizing
Despite the fact that the labor legislation contains the wording “ reduction in the number or staff of employees”, It should be noted that these processes are somewhat different from each other. And they can be carried out both simultaneously and independently of each other. What is the fundamental difference, because layoffs are inevitable in any case?
Dismissal to reduce staff: step by step instructions
The detailed procedure for layoffs due to staff reductions is not spelled out in labor legislation. But from the provisions of the Labor Code of the Russian Federation, as well as a number of by-laws and generalizations of judicial practice, it is possible to draw up an algorithm of actions and accompanying documents. Here's what a redundancy layoff should look like in a step-by-step guide:
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Who can't be cut
Despite the fact that the employer has the right to decide on the number of personnel and its optimization, labor legislation establishes a number of restrictions on the dismissal of certain employees. An unconditional ban concerns the reduction of a pregnant woman during a reduction in staff (Article 261 of the Labor Code of the Russian Federation). Until the end of all maternity leave, that is, until her child reaches the age of 3 years, such an employee can be fired only in two cases:
- upon liquidation of the entire organization;
- if it is impossible to transfer a woman to the work shown to her in connection with her condition.
The dismissal of a single mother due to staff reduction is also not allowed. If her child is healthy, then this rule is valid until his 14th birthday. For children with disabilities, the protection of the mother from reduction is valid until the age of 18. The same right applies to single fathers. The employer has no right to reduce them.
The reduction of underage employees is allowed only in agreement with the GIT and the commission for the protection of the rights of minors (Article 2969 of the Labor Code of the Russian Federation). This should be remembered when planning a layoff.
After those employees who are not subject to dismissal due to redundancy are excluded from the list, it must be taken into account that the remaining ones may have a pre-emptive right to stay at work in case of redundancy. Art. 179 of the Labor Code of the Russian Federation allows the employer to give preference to those employees who have higher qualifications or productivity. But sometimes they turn out to be approximately equal for several at once.
Downsizing order
The main document that launches the reduction procedure is the order of the head. More precisely, the order to reduce the number of staff, a sample of which is presented in the article. The law does not establish strict requirements for the content of this document. But in addition to the required details, it must contain the following information:
- the reasons for the need for the procedure;
- the period during which the reduction will take place;
- those positions in the staffing table that will be excluded or the number of staff positions that are to be reduced;
- responsible for passing all stages.
The same order may also approve a new staffing table. An order is issued in advance, not less than 2 months before the introduction of the new staffing table. This is a requirement of the law (Article 180 of the Labor Code of the Russian Federation). The countdown does not begin on the day when the order was signed, but only from the next.
The entire period until the dismissal is valid old version staffing and other internal documents of the organization, including the PWTR and the collective agreement. All employees, whether they are laid off or not, receive the same salary as specified in their terms and conditions. employment contract. The position will also remain for each of the warriors until his dismissal or the introduction of a new staffing table.
It is necessary to familiarize the whole team with the order. To do this, it is not enough to post the text of the document on the information board or send it to departments. Signatures of employees about acquaintance with the order are collected on a signature sheet with the date indicated. Acts are drawn up on refusal to confirm the reading of the document. In the future, this may protect the employer from the charge of late issuance of the order.
Downsizing Notice
Acquaintance with the order, albeit against signature, is not enough to formalize the dismissal. Each employee with whom the employment relationship is to be terminated must receive a notice of redundancy. This is an official written document, for the direction of which the employer has a strict deadline - 2 months or more until the moment of dismissal. Violation of this condition will lead to the recognition of the termination of the employment contract as unlawful. An exception is a shortened period for employees under a short-term contract (3 days) or seasonal employees (1 week).
Guarantees for employees in case of staff reduction
There is no fault of the employees in the employer's decision to lay off.
Therefore, he is obliged to compensate for all the inconvenience that his actions will cause to the dismissed employees. The minimum amount of guarantees and the amount of compensation in case of dismissal due to staff reduction are established by the labor code. On its own initiative or under the terms of a collective agreement, management can increase them.
Union Notice of Retrenchment
As a rule, layoffs for redundancy affect a large number of employees. To protect them labor rights the law obliges the employer to notify the imminent release work force employment service. This is done in the same time frame as the notification of employees. And if you plan to fire more than 50 people, then in three months. This term government agency should be enough to prepare employment programs for former employees of the company who applied to them.
The second body that received information about the reduction should be the trade union committee of the organization. Provided it was created. For familiarization, the trade union is given a copy of the reduction order, draft orders for dismissal and a new staffing table. This step is mandatory and avoiding it may result in recognition of the dismissal. individual workers illegal.
The primary organization is interested, first of all, in protecting the interests of trade union members. It is they who can challenge the decision to reduce if, during the trade union, draft orders were not sent for review to the trade union committee. But workers who are not members of a trade union have the right to apply to this body for protection. For example, in case of violation of the pre-emptive right to stay at work.
The trade union has 7 working days to present its reasoned opinion. For its adoption, more than half of all elected members of the trade union committee must be present at the discussion. The opinion is expressed in writing, the position of the trade union committee is substantiated.
In case of disagreement of the trade union with the upcoming dismissal of employees, the employer has two ways:
- continue the procedure at the risk of provoking a collective labor dispute;
- refuse to reduce and introduce a part-time day to save the team (Article 74 of the Labor Code of the Russian Federation).
Transfer of employees to the proposed vacancies in case of staff reduction
One of the conditions for dismissal to reduce staff, the law calls the provision of employees with the possibility of transfer. To do this, the employer is obliged to select unfilled vacancies from the staff list and offer them to those employees who are to be fired. If there are none, then the employer will not be able to fulfill his obligation, but this is not a violation of the law.
It is best to offer vacancies in writing. In the future, this will serve as evidence of the employer's good faith in the event of a litigation. It should be based on the qualifications and specialty of the employee. Offering inappropriate positions would be against the law. But the salary level new position may be lower, it is acceptable.
The employee has the choice to refuse the offer or accept it. He must express his consent in writing. Either in the form of a resolution on the proposal of the employer, or in the form of a transfer application. The consent of the employee to his own translation is an indispensable requirement of the law (Article 72 of the Labor Code of the Russian Federation).
Registration of dismissal of laid-off employees
Registration of dismissal involves the creation of a number of documents. First of all, this is a dismissal order for staff reduction, a sample of which is given below. The use of a unified form T-8 or T-8a will facilitate the creation of an administrative document and will avoid shortcomings in its preparation. Since 2013, the obligatory use of these particular forms has been canceled, so if necessary, you can make your own version.
In the order, the reason for dismissal indicates precisely the reduction in the number or staff. The same entry with reference to paragraph 2 of Art. 81 and paragraph 4 of Art. 77 of the Labor Code of the Russian Federation is also mandatory when filling out a work book and a T-2 card.
A work book with a record of dismissal entered into it is issued to the employee along with the calculation when the staff is reduced. As already mentioned, the wording in the order and in the book must match and repeat the provisions of the Labor Code. The record of the termination of labor relations is certified by the signature of the head, the seal of the organization and the signature of the employee himself, made upon receipt of the book in his hands. The fact of receipt of the book is confirmed by a signature in the register.
Employees who agree to the transfer are not recorded in the book of dismissal. Their employment relationship with the employer is not interrupted, only their conditions change. Instead, the transfer is recorded. There is no need to certify it with a seal and introduce the employee.
The final record of the dismissal is also made in the employee's personal card. After that, the document remains in storage for the period specified for such documents.
In addition to the work book and calculation, the employee may also need other documents or their copies to be presented to the employment service or Pension Fund. This is a copy of the dismissal order, a certificate of accrued earnings (2NDFL) and deductions to the FIU. The employer may, without waiting for the employee's request, order the preparation of these documents and issue them together with work book.
Downsizing payments
All payments in case of reduction of an employee in 2017 Labor Code divides into several categories:
- Calculation . First of all, it includes the salary for the last worked period. This payment also includes all allowances and bonuses due to the employee for special working conditions or the achievement of certain results.
- Compensation for vacation or several vacations. It is due if the employee has not exercised his right during the current or previous calendar year. All days that the employee would be entitled to if he continued to work are compensated, including additional leave. If the year for which the vacation is due is not fully worked out, then compensation is calculated proportionally.
- Compensation for early dismissal. It is received only by those employees who agree to terminate the employment contract before the end of the warning period. The amount of such payment of payment in case of reduction of an employee is provided in the amount of the average salary.
- severance pay. By general rule Art. 178 of the Labor Code of the Russian Federation, it is still the same average earnings. Which is also better after dismissal during employment. Its duration is two months or more for some categories of workers.
In total, in addition to the calculation, the reduced employee has the right to count on three more salaries from the previous employer. But there is one nuance here. To obtain them, you will need to additionally contact the place former job with application and work book. However, many employers, on their own initiative, make the payment in full, without waiting for the employee's demand.
Reducing the number or staff of employees is a lengthy process and requires the employer to carefully comply with the deadlines and other requirements of the law. This avoids conflict with employees, litigation and close attention from regulatory authorities.
Deciding to proceed with the procedure economic justification its expediency. This is a preliminary stage that does not require publication. official documents. But this must be done in advance, because the dismissal process is quite lengthy.
Drawing up a new staffing table or making corrections to an existing one. It is the new document, reflecting the changed structure of the organization, with a decrease in the number of staff positions or the exclusion of posts, that confirms that the reduction actually took place.
Issuance of orders on the approval of the new staffing table and the beginning of the reduction procedure. Moreover, in the second it is necessary to indicate the reason for the reduction and those positions that fall under it. Order about job descriptions according to the new schedule can be postponed until the reduction is completed.
Select the employees to be fired. This is done taking into account the provisions of the Labor Code on the preferential right to stay at work for certain categories of employees.
Notify employees of upcoming layoffs. This is only done in writing.
Send information about the reduction to the trade union and the employment service.
Offer vacancies to laid-off workers, provided that they really are. It is not necessary to create new places just for the sake of saving the state.
Issue an order or order to dismiss. It is most convenient to use the order to reduce the number and staff, a sample of which is given in the album of unified forms (form T-8 or T-a).
Notification of the trade union about the reduction in the number of staff is necessary only if it is present in the organization. A trade union is a voluntary association of workers to protect their rights and legitimate interests. The presence of this organization in the enterprise is not required. At the same time, the employer has no right to prevent its creation on the initiative of employees.
Union Notification Form
Downsizing is a popular optimization measure production process used by many companies. This procedure must be carried out in compliance with labor laws. The obligation of the employer is to notify in writing 2 months in advance of the upcoming dismissal of not only employees, but also the employment center and the trade union organization.
Document example.
The legislation does not contain a special sample notification, so it can be drawn up in any form. The message must contain the following information:
- Name trade union body;
- date and place of compilation;
- basis for reduction;
- position and full name of the employee;
- term of dismissal.
Important! In the presence of trade union committee its notification is mandatory, even if the employee is not a member.
Despite the fact that the legislation establishes a two-month notice period, it is necessary to notify the trade union body earlier, since the warning of workers is possible only after the notice has been received by the trade union. On the written notice, the representative of this body must indicate the date of receipt.
The opinion of the trade union during the reduction
After receiving the notice, the trade union reviews the documents provided, examines how justified the decision of the employer regarding the reduction process, as well as the legality of the dismissal of the employee. Within 7 days, a written response is drawn up, where the committee sets out its opinion. At least 3 days are required for joint consultations.
If the union does not agree with the reduction, then this will not prevent the employer from making a dismissal. At the same time, the trade union committee can appeal against the actions of the employer in the labor inspectorate or in court, if there are grounds, and defend the employee who should be laid off.
Throughout the existence of trade union organizations, there has been a pronounced confrontation between the employer and this body. However, with proper management of the company, the trade union committee can become an ally and partner.
When deciding who to fire and who to keep at work, the employer primarily proceeds from the interests of the company. Preference is given to employees with higher labor productivity, as well as professionalism and experience. But what to do if there is a choice between two employees who fully meet all the requirements and are on an equal footing? In such a situation, the trade union committee can help the employer and give their recommendations.
In addition, dismissal at the initiative of the employer is always an unpleasant process for both parties. As a rule, if there is a trade union committee in the organization, a collective agreement is concluded, which often contains conditions for additional payments for workers who have been laid off. Additional compensation payments can mitigate the situation upon dismissal. The work of the trade union is also to part with the worker in good relations and avoid complaints and lawsuits from the dismissed.
The unified procedure for conducting staff reductions requires that the trade union be notified of the upcoming event within the following terms (in accordance with Article 82 of the Labor Code of the Russian Federation):
- 2 months before the start of the event in general;
- 3 months before the reduction in case of mass layoffs of workers.
As you know, without the consent of the trade union body, it is impossible to reduce (dismiss) an employee. Therefore, the trade union is consistently informed of the selected candidates to be reduced in writing.
The form of notification of the trade union is not defined by law. There are no strict requirements for it. It compiles in free form.
| Mandatory components of the structure of the notice of the union about the reduction | Document content |
| Organization details | Full name, TIN. KPP, OKPO, actual (legal) address of the organization |
| Destination Information | Name of the chairman of the trade union |
| Document's name | Retrenchment Notice |
| Place of registration of the document | City |
| Dating | Day, month, year of registration of the document |
| Downsizing notice | Along with informing about upcoming events, reference is made to Art. 81 of the Labor Code of the Russian Federation |
| List of laid-off workers | It is drawn up mainly in a table, which indicates the following data for each employee:
· initials of the abbreviated person; · job title; · subdivision (department); · education; · salary |
| Base | Link to the order with its details (No., date) |
| Signature | Signature with decoding only the director |
It is allowed for this purpose, or as an example, to use the existing samples of standard documents intended to notify of the reduction of the employment center.
If a member of the trade union is reduced, it is necessary, by written notice, to request a reasoned opinion on the issue of dismissal this employee by virtue of Art. 373 and Art. 374 of the Labor Code of the Russian Federation.
The notification received by the trade union is considered no more than 7 days, after which the employer is given a written response (in the form of an extract from the minutes of the meeting). The trade union must thus convey to the employer its objections or consent to the submitted candidates. Further reduction measures are carried out in the usual manner.
Responsibility of the employer for not notifying the trade union body of the upcoming reduction of workers
Any deviation from the regulated procedure for the reduction, including failure to properly notify the trade union body, is equated to a violation of labor laws. Responsibility for such violations is determined by Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.
For the most part, this article provides for a warning or an administrative fine. For officials, the size of the financial sanction is set within the limits of one to five thousand Russian rubles. The amount of the fine for legal entities, established by the Code, may be from thirty to fifty thousand rubles. Entrepreneurs for such violations are fined in the amount of one to five thousand rubles.
In case of repeated violations, the sanctions applied are increased. For example, an official is fined more or disqualified for 1-3 years.
Among other things, in a number of cases, the option of restoring a laid-off employee to the previous workplace is not excluded.
Employer's mistakes when notifying the trade union about the dismissal of employees due to staff reduction
| Description of the dispute | Correct options solutions |
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One worker, who is a member of two trade unions, was laid off. The employer single-handedly decided to dismiss him without asking for a reasoned opinion |
The dismissal was made in violation. The employer is obliged to notify the trade union bodies (and both unions in which the dismissed person is a member) of the reduction, as well as request a reasoned opinion. The final decision depends on the conclusion of the trade unions (Article 373 of the Labor Code of the Russian Federation) |
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The employee is a member of two trade unions. He is fired due to redundancy. The employer requested a reasoned opinion from both trade unions. Within 7 days, one union sent a response agreeing to the dismissal. The second did not respond to a request. The employer regarded the reaction of the trade union bodies as the basis for canceling the dismissal |
The Labor Code of the Russian Federation does not regulate situations related to the dismissal of employees - members of two trade union organizations. These cases are quite rare. But judicial practice shows that in this situation, the employer has the right to dismiss such an employee. Rationale: there is agreement to dismiss from one trade union. The second trade union did not provide a response within the set weekly period, therefore, the employer has the right to act without taking into account his opinion (Article 373 of the Labor Code of the Russian Federation) |
Rostrud recommendations on the use of standard forms for issuing a notice of staff reduction
It was previously noted that the notification of the employment center and the trade union about the reduction has a common focus and is drawn up in a similar format. In this regard, the recommendations of Rostrud, presented in letter No. ТЗ / 5624-6-1 dated September 26, 2016, on the form of notification of the employment service, are of interest.
In particular, it was noted that today there are 2 standard forms for the purposes of notifying the employment center of the reduction, proposed in 1993 by the Government of the Russian Federation. They are optional as they were originally intended as the recommended notification format. The named recommended forms are attached to the Government Decree No. 99 dated February 5, 1993 (as amended on December 24, 2014).
So, to submit information about the released workers to the employment center, the form in Appendix No. 2 of the document is used.
In case of mass release of workers, the form format presented in Appendix No. 1 is applied.
There is no prohibition against using these forms as a template for compiling a union notice. Therefore, they can also be taken into account for active use.
Example 1: Notice to the school union of layoffs coupled with a request for a reasoned opinion (arbitrary document format)
Secondary School No. 5 is downsizing. A corresponding order was issued under No. 1 dated February 9, 2018. A list of candidates for dismissal has been drawn up. They included 3 employees:
- Deputy director for educational work Klimov A.F.
- Physical education teacher Amorova S. E.
- Biology teacher Lisenko I. T.
In accordance with the procedure, a written notice is drawn up for the trade union about the reduction of the listed persons. The text of the document includes:
- Message about the upcoming staff reduction with reference to the basis - paragraph 2 of Art. 81 of the Labor Code of the Russian Federation and order No. 1 dated February 9, 2018.
- List of reduced persons (detailed above).
- Request for a reasoned opinion on the dismissal of deputy director A. F. Klimov (trade union member).
- Appendix: drafts of the staffing table and the order to dismiss Klimov A.F., as well as a copy of the order to reduce the school.
- Signature of the director of the school with decoding.
The letter should contain information on the number of abolished positions, qualification requirements, professions and specialties of workers, sizes wages for each position. The same notice must be sent to the trade union organization of the enterprise.
In the event that the reduction of staff will be massive, then the employment service authorities and the trade union must be warned 90 days before the event. The employer is obliged to inform each employee of the enterprise about the upcoming dismissal on receipt, two months before the reduction.
Forms and samples of forms for accounting for labor and its payment
Sample union notice of redundancy
If the employee refuses to put his signature under the warning of dismissal, an appropriate act is drawn up. The employee must be offered all vacant positions in this organization, where he can work, taking into account his qualifications and state of health, however, the employer is not obliged to offer vacant higher positions and positions for the occupation of which retraining of the employee is required. 373 of the Labor Code of the Russian Federation.In conditions when an employee is simultaneously the head (deputy head) of an elected collegial body of the PPO, an elected collegial body of a trade union organization structural unit enterprise (not lower than the shop and equivalent to them), it is possible to dismiss him only with the prior consent of the relevant higher elected trade union body (Art.
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Your home lawyer
In this article, we will not delve into the concerns of the employer itself, but let's see what we can cling to in order to challenge the wrongful dismissal to reduce the position. You can read a separate article about the reduction in the decree.Can you be fired for downsizing? First, check to see if you belong to the category of those workers who cannot be laid off at all. It is not allowed to terminate an employment contract to reduce staff with - Women with a child under 3 years old, - Single mothers raising a child under 14 years old (a disabled child under 18 years old), - Other persons raising the above children without a mother, - A parent (any) or a legal representative who is the sole breadwinner of a child under 3 years old (a disabled child under 18 years old), if there are three or more children in the family, while the second parent is not a labor relations(rev.
Reduction of staff
6 art. 81 of the Labor Code of the Russian Federation).Reduction of staff: procedure Having decided to reduce the staff, the employer must issue an appropriate administrative document, for example, an order. This document indicates the reasons why the staff reduction is carried out.
reduction goals, the number of units being reduced, including as a percentage, the nature of organizational and staffing measures, the features of the redistribution of functions and responsibilities, the timing of these events. Please note: the issuance of such an order is not directly provided for by any norms, and therefore is not mandatory, but is recognized as recommended.
After the order is issued, that there will be a reduction in staff.
Reducing the number or staff of employees
The likelihood of an employee filing a claim for reinstatement is quite high.And any flaw in the paperwork may lead to the need to reinstate the employee at work.
When carrying out the reduction procedure, the employer must comply with the sequence of actions, as well as the deadlines established by labor legislation. We combined the actions of the employer into step by step algorithm, which can be guided, taking into account the nuances that a particular employer has.
Documents when reducing: main and "spare"
373 of the Labor Code of the Russian Federation. In conditions where an employee is simultaneously the head (deputy head) of an elected collegial body of the PPO, an elected collegial body of a trade union organization of a structural unit of an enterprise (not lower than a shop floor and equivalent to them), he can be dismissed only with the prior consent of the relevant higher elected trade union body (Article .Dismissal on reduction
It indicates the positions to be withdrawn from the staff list, the dates of exclusion and termination of employment contracts, the names of the employees responsible for the implementation further action(notification of the collective, the employment center, the elected body of the trade union primary, etc.).Sometimes companies and individual entrepreneurs are faced with the need to reduce the number of staff in order to reduce costs. In such cases, a special procedure is launched, about which the employer is obliged to inform not only employees, but also the employment center and the trade union. Consider how many days in advance they must notify about the reduction and how this is documented.
What is an abbreviation
If certain positions are excluded from the staff list, a position reduction procedure is initiated. Notification of the employee necessarily occurs when the enterprise is liquidated, the company or individual entrepreneur is terminated, there are employees with higher qualifications or labor productivity (with documentary evidence).
The reduction in the number of employees is carried out only when the position is liquidated.
The procedure is regulated by Art. 180 of the Labor Code of the Russian Federation. The employer is obliged to issue an order and approve a new staffing. He must also notify the employment center and the trade union against signature of the persons subject to reduction, carry out the dismissal procedure, and make the due payments and compensations. When reducing the number of staff, employees are provided with information on vacancies available in the organization that correspond to their qualifications, experience, health status, etc.
Whom the employer must notify when laying off staff
The employer is obliged to notify of the planned reduction:
- Employees who are scheduled to be laid off. The employer is obliged to take into account the preferential rights of employees. People whose families do not have other sources of income, those who have developed occupational diseases and temporary disability, disabled veterans of the Second World War, pregnant women, mothers of children under 3 years of age and some others must be left at work.
- Employment Center. The employer must not only notify the employment service of the reduction in staff, but also make sure that the document is marked with a TsNZ mark. Otherwise, the dismissal will be illegal.
- Trade union (if any). If this organization has objections to the dismissal of the employees in question, the employer will be obliged to take them into account.
Additional Information
There are employees who cannot be fired under the law, and employees who have a preferential right to remain at work. According to Art. 261 of the Labor Code of the Russian Federation, it is not possible to terminate an employment contract at the initiative of an employer with pregnant women, except in cases of liquidation of an enterprise or termination of activities individual entrepreneur. According to part 4 of Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract with an employee who has children under the age of 3 years, with a single mother raising a disabled child under the age of 18 or children under the age of 14, with another person raising such children without a mother, with a parent (another legal representative of the child) who is considered the sole breadwinner of a disabled child under the age of 18 or the sole breadwinner of a child under the age of 3 in a family with 3 or more young children in care if the other parent (another legal representative of the child) is not registered in an employment relationship, it is not allowed at the initiative of the employer.
Until the moment of final payment, it is possible to withdraw the notice of reduction at the discretion of the employer. It is drawn up in writing and given to the employee for review against signature. If after that the person refuses to continue working in the company, a dismissal will be issued. own will or by written agreement with the employer.
Employee notice
The management of the company is obliged to inform the employee about the upcoming reduction at least 2 months before the date of the planned dismissal. The law does not provide unified form redundancy notices, so organizations can choose from two options. The first way is to compose a document with a free form, manually or on a computer. The second is to develop your own template, but it needs to be registered in the accounting documentation.
A written notice is drawn up in two copies. Each of them is signed by the head and given to the employee for review against signature. One copy remains in the hands of the employee, the other is registered in the register of internal documents, and then sent to the archive for storage. The document is written on behalf of the director of the organization, but other specialists can also fill out a sample notice of a decrease in the number of employees: a lawyer, a secretary, an employee of the personnel department.
The notification must contain the following required data:
- Business name;
- date of preparation of the document;
- the date of the proposed reduction;
- the reason for the reduction;
- link to the order;
- a list of vacancies in the organization that suit the employee.
There are several ways to send a notification to an employee:
- Hand over personally.
- Send by mail to your home address. In this case, the document is sent by registered mail with acknowledgment of receipt, which proves the receipt of the paper.
- Read the document aloud. Be sure to do this in the presence of witnesses or a special commission authorized to confirm the fact that the notice was brought to the attention of the employee.
If a person does not agree to sign the document, then in the presence of two witnesses, the head draws up an act in which the refusal is recorded. It is attached to other documents in the employee's personal file.
The employer is not entitled to terminate the contract with the employee earlier than 2 months after the notification was sent. An exception is the voluntary consent of an employee to dismissal. In this case, the employee is required to pay wages for these 2 months.
If after 2-3 months the employee is not fired, the notice becomes invalid. This happens when the employer does not have enough funds to make all the required payments and compensation. Then the person continues to work in the organization.
Labor legislation does not indicate a specific form of such a notice, but it is necessary to prescribe the date of possible dismissal and indicate the list of offered vacancies with the designation of their monthly salaries.
Job Center Notification
In Art. 25 of Law No. 1032-1 of 1904.1991 “On Employment of the Population ...” states that the employer is obliged to inform the employment center of the planned reduction. The goal is to update statistical data, which speeds up the employment of employees who have lost their jobs. Legal entities are required to notify the central health center at least 2 months before the date of the planned dismissal, and individual entrepreneurs - at least 2 weeks in advance. With mass layoffs, the notice period for all employers is extended to 3 months.
A single form of notification to the employment center about the reduction has not been introduced, so the employer has the right to write it in any form. This is also reflected in the letter of Rostrud dated September 26, 2016 No. ТЗ / 5624-6-1 “On the notification form ...”. The principal condition is that the document must indicate not only the fact and timing of the reduction, but also the following information about the employee:
- job title;
- speciality;
- profession;
- qualification requirements for the current position;
- size and form of wages.
The notification is submitted to the CNZ at the location of the organization. The addresses of registration and actual residence of laid-off workers do not matter.
About the features of the staff reduction procedure is described in the video
Union Notice
According to Art. 82 of the Labor Code of the Russian Federation, the employer is obliged to notify the trade union of the decision to reduce the staff, if such an organization exists. The notice periods are unchanged - at least 2 months before the date of the planned dismissal, and for cases of mass layoffs - at least 3 months.
The letter must list the positions that are planned to be reduced. A draft of the new staffing table is attached to the text.
If an employee is a member of a trade union and regularly pays membership dues, he can be fired only after agreement with this organization. Employees of the trade union present their reasoned opinion on the permissibility of the reduction. In response to the notice, an extract from the minutes of the meeting is sent to the employer. It indicates objections or their absence on the issue of dismissal of the employee in question.
In case of violation of the deadlines for notification of staff reduction, the employer risks incurring administrative liability. Large fines are provided: up to 50 minimum wages for individual entrepreneurs and up to 500 minimum wages for companies.
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