Instruction

Before issuing an order on the upcoming number or, it is necessary to exclude all vacant positions available on this moment in the organization, otherwise you will have to offer them as alternatives to the laid-off employee.

We issue an order (instruction) on dismissal in connection with the reduction in such and such a position in such and such a department after two months from the date of issuance of the order. We introduce under the signature of a person whose position falls, if the person does not fall into the category of people who are not subject at this stage of time, according to the Labor Code of the Russian Federation: single, raising children under 14 years old, women with children under the age of three years, the only breadwinners in the family.

After that, we fill out a special form from the Employment Center, where we indicate the position, age, total work experience and work experience in this position. Completed, we assure the signatures of the HR specialist and the head of the enterprise. We transfer the finished form to the Employment Center.

Next, we are preparing an official for, where we inform the members of the trade union organization that such and such an employee has been warned two months in advance about the upcoming reduction. The trade union is obliged, upon the fact of this letter, to hold a meeting and provide you with the minutes of the meeting.

Within two months, personnel officers are required to offer the reduced employee all the vacant positions available at that time that are suitable for his qualifications. All this is drawn up in the form of an act with the signatures of the abbreviated worker on consent / disagreement to the proposed position and personnel officers. If there are no vacancies, then personnel workers must still notify the laid-off workers in writing against signature about the absence of vacancies within two months.
After two months, if the employee was not provided with another position, due to a reduction in the number or.

Sources:

how to fire an employee

Some organizations are forced to cut staff in order to get out of the current financial crisis. Of course, the employer must approach the reduction of employees with all responsibility and be guided by the Labor Code of the Russian Federation, because non-compliance with the requirements of the law threatens him with penalties.

Instruction

Next, file a redundancy notice with the employment center in your county. In it, indicate the positions, job requirements for employees, the amount of remuneration for each downsizing employee. Make a notification in duplicate, one of which will remain in, and the second with a mark - with you. Please note that you need to submit this application two months before the layoff, and if you are laying off more than 15 people, three months before.

After that, notify the employee of the upcoming termination of the contract. In this letter, indicate the date of reduction, the reason. Remember that you need to notify no later than two months before dismissal.

You can also offer him another position, indicate this possibility in the notification. The employee, in turn, must sign, which will mean his consent.

If the employee refuses to sign, that is, he does not agree with the upcoming reduction, draw up an act of refusal. Please note that you cannot reduce pregnant women, mothers who are in, single mothers and other categories of workers provided for by labor laws.

After two months have passed, you must prepare the documents for dismissal. First, pay the employee all unpaid wages for the period worked, compensation for unused vacation, severance pay, which is equal to the average monthly wage.

After that, draw up an order to terminate the employment contract, referring to article 81 Labor Code. Then enter the information in work book employee, make the wording in it: “Dismissed the staff of the organization’s employees, clause 2 of part 1 of article 81 of the Labor Code Russian Federation».

Don't forget to approve the new staffing as well. And enter information into the employee's personal card, that is, put a note on dismissal.

Of course, there are no irreplaceable people in business. And the company can do without any specialist, at least temporarily. That is why during a crisis, management tries to reduce costs by making global cuts. But you can try to become a valuable employee, and then the trouble will not affect you. After all, there is a special attitude towards valuable employees.

Instruction

Feel free to submit yourself. Sometimes diligence and excellent results alone are not enough, simply because the management does not even suspect who drags the department on itself from month to month. Feel free to showcase your accomplishments and successes. After all, it is really your successes and achievements.

Demonstrate optimism and confidence in the future of the company to management. Everyone loves to see satisfied and happy faces around. And your boss is no exception. If there is a choice between an eternally grumbling and dissatisfied grumbler and a cheerful, active, optimist ready for a feat, the leadership will prefer the latter. Of course, with equal professional qualities.

Become a trusted assistant to the boss. It means "the most-most boss." To do this, you need to constantly be with him, feel real sympathy for the leader and be a good psychologist. Please note that the conversation is about the fact that at the right moment the "big boss" always looks for you with his eyes, and it does not matter whether you know how to repair his I-Phone or you always have blank paper for notes.

Become the "face" of the company. Try to gradually transfer all representative functions to yourself. Over time, it is you who will become the personification of the company for business partners. Changing such an employee can be very difficult for management. But keep in mind that this option requires a lot of effort and the ability to never get tired. The next option is much easier.

Lock in most of your work contacts. Create a database for the main ones and make it as difficult as possible for other employees to access it. Build special relationships with suppliers or customers based on personal relationships. But do not forget: management must be aware of these relationships and understand that if you leave, the company will lose too much.

Feel free to take on additional responsibilities. If you are seriously afraid of layoffs, the call-to-call form of work is not for you. Your task is to work overtime, without demanding a salary increase, meekly go to workplace on the weekend. This is the easiest option. But are you ready for such sacrifices?

Tip 4: How to fire an employee without layoffs in 2019

In a difficult time of financial turmoil, many businesses are looking for ways to optimize, often resorting to the layoffs of employees. In this regard, the wording “dismissed by agreement of the parties” is increasingly common. This method of dismissal can be beneficial for both the employer and the employee. To do this, you need to draw up an agreement correctly.

You will need

- Labor Code of the Russian Federation,
- employment history.

Instruction

Dismissal by agreement of the parties has undeniable advantages for the employer, because in this case you can part with the employee immediately after signing the agreement, you do not have to write a preliminary notice of dismissal and incur expenses for another two months. However, in this case, you first need to convince the employee to sign such a document. To do this, he must see his own benefit from this.

In order for the employee not to refuse the proposed dismissal under the agreement, the employer must compensate him for the payments required by law in the amount of the average wages for two months. The conditions and amount of compensation must be specified in the agreement and are binding. Otherwise, the employee may challenge the agreement in court as unfulfilled.

If the employee agrees to your proposal, start the procedure for drawing up a document in which indicate the date of termination of the employment contract and the conditions on which it is concluded. The agreement is drawn up in a free form, no mandatory forms and conditions for its conclusion are provided.

First, draw up an oral agreement with the employee, in which you will discuss all the nuances of his dismissal, payment of compensation, and so on.

Then transfer these agreements to paper. In order to correctly draw up a dismissal agreement, read the relevant article 78 of the Labor Code of the Russian Federation “Dismissal by agreement of the parties”

Refer to this article of the Labor Code of the Russian Federation in your document. Indicate the date of termination of the contract, put down your details.

Submit the agreement to the employee for signature. Make sure that he correctly fills in his data, puts his signature and transcript.

Write an order in which you reflect the decision to dismiss this employee on the basis of this document, and also specify which date should be considered the last day of the employee's work. Based on this order, the accounting department of the enterprise must prepare a note-calculation, which will reflect all accruals.

Helpful advice

If a decision is made to reduce the number of employees, the head of the organization must issue an appropriate order. It must define the date of reduction - in the procedure it is Starting point, on which many related points will depend, for example, the period during which employees should be notified of the dismissal.

How redundancy is done

The main steps in the reduction procedure are as follows:
- a reduction order is issued;
- employees are notified of the reduction, they are given an offer for another available job;
- the trade union is notified, as well as the employment service;
- Employees are laid off.

When the order is ready and issued, employees subject to reduction must be notified 2 months before the date indicated in the order. At the end of the reduction procedure, orders should be issued on the dismissal of employees. In the column "reason" it is necessary to refer to the order on the implementation of measures to reduce, to a notification about this. Also, if available, the details of the documents where the employee expressed consent to terminate the employment contract before the notice period expires must be indicated.

What should be the entry in the employee's work book upon dismissal for reduction

In the employee's work book, the dismissal is recorded in a certain order. First, in column number 1, the serial number of the entry is put down, in the second column, the date of dismissal should be indicated. In the third column, the reason for the dismissal is recorded, in the fourth - indicate the name of the document on the basis of which this entry was made, that is, the employer's order or other form of decision, the date and number of the document.

At the same time, it should be borne in mind that the date of dismissal should be considered the last working day, unless employment contract, federal law, or an employee-employer agreement otherwise.

When making an entry in the work book, it must be borne in mind that it must exactly correspond to the wording of the labor code, which is written in the order. Therefore, before making an entry, you need to know exactly for what reason the dismissal is being made. Downsizing and layoffs are sometimes mistaken for the same thing.

The entry in the work book should look something like this: “Dismissed due to the reduction of the organization’s staff, clause 2, part 1, article 81 of the Labor Code of the Russian Federation.”

What compensation is provided for dismissal due to redundancy? What is the procedure for layoffs? Is it possible to reduce pregnant women and pensioners? We will answer these and many other questions in this article.

In order to survive during the financial crisis, or to get out of the difficult financial situation of the company with minimal losses, the management of the organization may decide to reduce staff - the abolition of staff units or a decrease in the number of employees. It is very important for an employer to know all the subtleties of this difficult procedure, because the slightest violation in its implementation can lead to litigation with laid-off employees, and most importantly, to the loss of the company's positive reputation. Redundancy dismissal cases are among the most difficult among all litigation labor disputes, due to the mass nature of such dismissals.

This article will help employees avoid the “tricks” of unscrupulous bosses, learn about their legal rights and due payments in case of reduction, and also decide which article is more convenient and profitable to quit.

Provisions of the Labor Code of the Russian Federation on dismissal by reduction

All issues of staff reduction are regulated by the Labor Code of the Russian Federation. It states that the legal reduction of workers should be carried out taking into account the following requirements:

1) The fact of dismissal due to redundancy must have documentary evidence in the form of a staffing table, payroll, payroll, etc. It is not allowed to replace a reduced position with an alternative one: with a similar nature and scope of duties performed.

2) Before laying off an employee, he must be offered other available vacancies, taking into account the qualifications and health status of the employee.

3) The employer must take into account the list of persons whose dismissal is unacceptable, as well as comply with the provisions of the Law on the preferential right to leave at work (Article 179 of the Labor Code of the Russian Federation).

4) On the planned reduction and dismissal, it is necessary to warn each employee individually, no later than 2 months before the date of reduction, as well as the elected trade union organization.

5) On the last working day with the reduced employee, the final calculation is carried out and a work book is issued.

7) According to Art. 178 of the Labor Code of the Russian Federation, the employee is given a severance pay and other payments are made, which you will learn about later.

Step-by-step instructions for dismissal for reduction

Compensation, payments, benefits: what is due to an employee with a reduction in staff?

In addition to the "standard" payments (payment of salaries and compensation for unused vacations), the reduced employee is entitled to additional payments:

Payments of average earnings during the search for a new job, not exceeding 2 months from the date of dismissal (and at the discretion of the employment service - up to 3 months).
Severance pay in the amount of average earnings (Article 178 of the Labor Code of the Russian Federation), with a reduction in the staff of seasonal workers - 2-week average earnings (Article 296 of the Labor Code of the Russian Federation). The employment contract may provide for a larger benefit.
Additional compensation in the amount of 2 average salaries.

At the same time, it is not allowed to withhold funds for unworked vacation days, “taken in advance”.

So, the total amount of payments for the reduction is quite significant. Therefore, some employers, in order to save financial resources, "persuade" or "force" the employee to quit on his own initiative, or by agreement of the parties.

(Indeed, notifying an employee of a reduction does not exclude his dismissal for other reasons).

How can an employee competently act in a situation of “pressure” in order, on the one hand, to avoid an open conflict with the employer, and on the other hand, not to be “losing”? And what fundamental differences in the consequences of each of the three types of dismissal?

Dismissal by agreement of the parties or by reduction, which is better?

The employee should know: by writing such a statement, he signs a “verdict” for himself and deprives him of all payments due during the downsizing.

But there is one important nuance A: It all depends on the wording of the application. If the employee draws up a statement as follows: “I ask you to dismiss me in connection with the reduction of my position before the expiration of the notice of dismissal,” then the dismissal will take place under Art. 81 of the Labor Code of the Russian Federation, with a guarantee of all payments. However, such dismissal is permissible only with the approval of the employer.

Who can't be fired due to redundancy?

The employer does not have the right to dismiss due to redundancy:

temporarily disabled;
employees on vacation (including student leave and without pay);
women with children under the age of 3; single parents with a child under the age of 14 or a disabled child under 18;
trade union members, etc.

Can a pregnant woman be fired due to redundancy? Pregnant women and women on parental leave cannot be dismissed on this basis.

If an employee belonging to one of the "inviolable" categories was laid off, reinstatement of him in judicial order takes place automatically.

Priorities of employees during layoffs

In the downsizing process, not all employees are on an equal footing in terms of the risk of being fired. Employees with higher labor productivity and qualifications are given the preferential right to stay at work. Other things being equal, the following employees have priority:

persons who are the only "breadwinners" in the family;
employees who have been injured in this organization or prof. disease;
employees who improve their qualifications in the direction of the employer;
family persons - if there are 2 or more dependents.

In addition to the categories specified in the Labor Code, the advantage when leaving at work upon dismissal due to redundancy is determined by federal laws for other employees:

military spouses;
authors of inventions;
retired from military service;
disabled veterans of the Great Patriotic War and military operations;
affected by radiation, etc.

Internal collective agreements may also provide for categories of workers, with the benefit of staying at work.

Compliance with the rights of these categories of workers must be documented: by compiling a summary Comparison Table, or by another document.

Dismissal to reduce the staff of pensioners: payments and features

Reaching retirement age is not only not a reason for a priority reduction, but in accordance with the provisions of Art. 179 of the Labor Code of the Russian Federation, may be an advantage - due to the high productivity and qualifications of the employee.

With a reduction in staff, the dismissal of pensioners is ensured by all the guarantees and payments provided for in Art. 178 of the Labor Code of the Russian Federation. Other interpretations legislative norms contradicts the requirement of equal rights for workers (Part 1, Article 2 of the Labor Code of the Russian Federation) and the prohibition of discrimination in the sphere of labor (Article 3 of the Labor Code of the Russian Federation).

Material prepared to order law firm"Dominium"

Losing a job is not exactly a pleasant moment. This may happen according to own will. Often there are layoffs due to redundancy. The payment of benefits in this case is guaranteed by law. The procedure for leaving work for this reason has its own characteristics.

concept

Reduction of staff is a procedure enshrined in law. Dismissal in this case should occur according to the Labor Code of the Russian Federation. Failure by the employer to fulfill its conditions entails the reinstatement of the employee to the position.

In addition, the employer must pay wages for the unlawful dismissal for the entire time of absence. Often disputes over work are resolved in court. Moreover, the side of former employees is often taken.

Rules of law

Issues related to reduction are regulated by the Labor Code of the Russian Federation. Based aspects are present in:

Art. 178 and 179 - requirements and order.
Art. 261 - guarantees.
Art.296 - provisions on the reduction of seasonal workers.

Rights

The rights of the employee in case of staff reduction are protected by law. Some employees are provided with guarantees that protect against dismissal. They can be reduced only upon liquidation of the institution. There are some categories of people who are given a priority right to remain in office. Therefore, if it is liquidated, the employer must offer the person another job.

Enjoy the benefits:

Employees who have been ill or injured as a result of their work.
Persons who are dependent on 2 or more disabled people.
Employees who are considered the sole breadwinners in the family.
War invalids.
Workers who improve their skills.

For example, a person is considered the only one in the family who brings income. In case of liquidation of the position, the employer is obliged to offer him another vacancy.

Reduction features

Dismissal may be carried out due to a reduction in staff or the elimination of a position. These procedures have their own characteristics. By law, management is not required to provide arguments that led to such events. But he still has to provide the reasons for the excess of personnel.

State - total firm positions. Its reduction is often independent of management. But still, the norms of the Labor Code of the Russian Federation must be observed. In some cases, the reduction does not involve layoffs, but only the redistribution of employees. It can also apply to a specific position. Then a new schedule is drawn up, where there are no old posts.

The dismissal can affect all employees. This also applies to pensioners. The payment of benefits is guaranteed by law. For example, a person registers with the employment service in order to receive income, and in the meantime is looking for new job. A minor can be dismissed only with the complete liquidation of the institution, as well as with the permission of the State Inspectorate. In other cases, it is illegal to deprive people under 18 of their jobs.

Description of the procedure

There is a procedure for layoffs to reduce staff. When it is carried out, there is no reason to go to court because of illegal actions. The procedure is as follows:

An order is created. It should contain lists of positions that need to be reduced. The persons responsible for this procedure are also designated. The form of the document is arbitrary.
A new schedule is drawn up based on Form No. T-3. It indicates the number of staff units, positions, rates and salaries.
An order is issued on the basis of the introduction of the staffing table. The document informs employees about the beginning of its action.
Candidates' personal files are being considered. A commission is organized to analyze the advantages of people. Based on the results, a protocol is drawn up, which indicates the conclusions about the impossibility of dismissing employees.
An alert is issued to employees about an upcoming event. All persons indicated in it must read and sign.
Those employees who decide to terminate the contract ahead of schedule need permission for early termination. It is sent to the employer in writing.
The notification is then sent to the employment center and the trade union.
If the employer has vacancies, the laid-off workers can fill them.
After all issues are resolved, an order of the form No. T-8 is issued to terminate the contracts.
Entries are made in work books, where paragraph 2 of part 1 is indicated
Employees get paid. Income statements for 2 years can also be provided.

This is the procedure for dismissal to reduce staff. If an employee who is registered with the military was fired, the management is given 2 weeks to notify the military registration and enlistment office about this. When reducing the person from whose income the funds were paid under the writ of execution, then the bailiff should be notified about this.

Notification

Only after notification should there be a dismissal due to staff reduction. The payment of benefits will be a legal measure of social protection of citizens. The notice must be issued 2 months before the new schedule takes effect. It includes a list of all dismissed. When a seasonal worker is laid off, notification must occur 7 days in advance. If an employee whose contract is valid for 2 months leaves, then the notification occurs 3 days in advance.

Without notification, the procedure will be invalidated. With the dismissal, a list of documents must be drawn up. In this case, the employer must comply with certain deadlines. For example, from the date of issue of the order to the procedure itself, at least 2 months must pass. Only in this case the procedure will be legal.

Payouts

If there was a dismissal due to a reduction in staff, the payment of benefits is guaranteed. Provided:

Salary for last month and compensation for unused vacation. Must be paid no later than last day work.
severance pay. If there was a dismissal due to staff reduction, the payment of this type of benefit is mandatory. It is transferred within 3 months after the reduction, if the person did not get a new job. For the first time, it is paid in advance, taking into account the calculation upon dismissal.
Privileges. Provided upon registration at the employment center, if no new job has been found for 3 months. Only then does this organization provide redundancy payments. Examples and features of these procedures allow you to understand what to expect. For example, if a person is considered unemployed for 4 months, then the employment center provides benefits, so the person can search for a suitable position.

Payouts

If there was a procedure for reducing an employee, he will receive payments based on the norms of the law. In this case, the amount corresponds to the amount of the average monthly income.

Benefits are calculated as follows:

From 4 to 7 months - 75%.
From 4 months after the designated period - 60%.
Then - 45%.

Income must be provided to all, wherever layoffs occur. Examples of compensation will help determine how much to expect. taken into account average income employee. If it is 20,000 rubles, then in unemployment it will be 15,000 rubles from 4 to 7 months. Then the income will decrease. During this time, with the help of the employment center, you can search for a suitable vacancy.

Who is not allowed to be fired?

There are several categories of persons to whom guarantees are provided. It will not work to dismiss them, it is considered an exception. They should be offered other vacancies. The new job should be similar to the old one in terms of pay and qualifications.

Can't be fired:

Pregnant.
mothers of children with disabilities.
Mothers with children under 3 years of age.
Single mothers with children under 14.
Single fathers with children under 14.
Minors.
Employees on vacation.
Temporarily disabled.

Guarantees

The law provides guarantees for persons who have been laid off. They have a period during which you can find a new job. Employees are eligible for another position, if any. Transfer to another branch of the company is possible. The guarantee includes receiving benefits.

If there are complaints about the staff reduction procedure, within a month, you can go to court to appeal the decision. It should be borne in mind that this body does not always reinstate people in their positions. For example, this cannot be done if the employee does not fit the privileged category, and the procedure is performed legally. The court can change the wording of the entry in the work book, as well as ensure the transfer of payments for forced absenteeism.

And the employer can provide evidence of the legality of dismissal with the employee:

Old and new schedule: one document will indicate the position, and the second will not.
Personal files of candidates: one may have benefits, while the other may not.
A written refusal of a person to receive a new position.

Thus, dismissal on reduction has its own characteristics. Both parties need to take into account the norms of the law, since they regulate such relationships.

Barkov E. A.,
Lawyer

All the grounds established by the Labor Code of the Russian Federation for the dismissal of employees at the initiative of the employer can be divided into two large groups: associated with the guilty actions of the employee and not dependent on the presence of guilt in his actions.

Today, the most massive type of dismissal of employees in the absence of their fault is dismissal due to a reduction in the number or staff of employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).

For an employer, dismissal due to staff reduction is the most expensive procedure. Therefore, in many companies they prefer to fire in a simpler and cheaper way - on their own. If you do not want to quit on your own, do not agree to write a statement. If you are being pressured, try to gather evidence that you were forced to leave. Such evidence may be the testimony of witnesses, voice recordings, company documents, from which it is clear that massive layoffs are taking place in it. Another confirmation of your correctness may be the fact that your former position either completely abolished or still vacant.

All actions to reduce staff should be carried out after the employer determines the optimal number of employees. In order for the dismissal on this basis to be legal, the following requirements of the law must be observed:

the fact of downsizing really should take place;
the choice of employees dismissed due to staff reduction should be carried out taking into account the pre-emptive right to remain at work;
written personal warning signature about the upcoming dismissal;
possible transfer of an employee (employment);
notification of the state agency on employment issues;
consent of the trade union body;
payment of severance pay.

Confirmation of the fact of reduction of staff is:

Making appropriate changes to the staffing of the enterprise. The new staffing table should provide for a real reduction in staff (it is impossible to simultaneously introduce a new position into the staffing table instead of a reduced position, for which a new employee has been hired).
Issuance of the Order on the approval of the new staffing table. The dismissal procedure cannot be carried out before the approval of the new staffing table.

On the preferential right to stay at work

The choice of employees dismissed due to staff reduction should be carried out taking into account the pre-emptive right to remain at work (Article 179 of the Labor Code of the Russian Federation).

The preferential right to stay at work is granted to employees with higher labor productivity and qualifications. As evidence of higher labor productivity, indicators such as performing a significantly larger amount of work compared to other employees, receiving bonuses and incentives, etc. are used. With equal labor productivity, those employees who have more
high qualification (level of education and compliance with the qualification requirements for a particular category of workers).

Special rights of certain categories of workers

Dismissal of employees is not allowed:

during the period of his temporary incapacity for work and during his stay on vacation;
pregnant women, as well as women with children under the age of three, single mothers raising a child under the age of 14 (a disabled child - up to 18), other persons raising these children without a mother (Article 261 of the Labor Code of the Russian Federation);
under the age of 18, only with the consent of the relevant state authorities (Article 269 of the Labor Code of the Russian Federation).

It is necessary to take into account increased guarantees for employees who are members of elected trade union bodies (Art. 374; Art. 375; Art. 405 of the Labor Code of the Russian Federation).

The analysis of the preferential right to leave at work is carried out on the basis of diplomas, work books, data on the implementation of labor standards, certification data, and other documentary evidence of the quality of work. For each candidate for dismissal, an extract (personal file) is formed based on the documents listed above.

About the upcoming dismissal due to staff reduction, the employees of the organization are warned by the employer personally and against receipt at least two months before the dismissal (Article 180 of the Labor Code of the Russian Federation).

The employer, with the written consent (application) of the employee, has the right to terminate the employment contract with him without a two-month notice of dismissal with the simultaneous payment of additional compensation in the amount of two-month average earnings. (At the same time, “additional” means in addition to the severance pay established by labor legislation). It is mandatory to have an application with a request for dismissal with the date and personal signature of the dismissed employee.

The time of warning about the upcoming dismissal, as well as the consent of the employee to terminate the employment contract with him without warning of dismissal, must be documented. The signature of each dismissed employee must be on the general order on the planned reduction or on a separate order issued for this employee.

The dismissal of an employee is allowed in connection with a reduction in the number or staff, if it is impossible to transfer the employee with his consent to another job (Article 73 and Article 180 of the Labor Code of the Russian Federation). When carrying out measures to reduce the number or staff, the employer is obliged to offer the employee in writing another available job (vacant position) in the same organization that corresponds to the employee's qualifications (and not just performed taking into account qualifications). In the absence of such work - a vacant lower position or lower-paid work that the employee can perform, taking into account his qualifications and state of health. In the absence of such work (on the basis of the staffing table), as well as in the event that the employee refuses the proposed work, the employment contract with a particular employee is terminated. It is obligatory to have a written refusal (act of refusal) of the dismissed employee to transfer to another job with the personal signature of the dismissed employee.

The fact of dismissal is determined by the issuance of the Dismissal Order, which is signed after familiarization by each dismissed employee, and by making an entry in the work book: “Dismissed due to the reduction in the staff of clause 2, part 1, art. 81 of the Labor Code of the Russian Federation.

The procedure for paying severance pay and compensation

The payment of severance pay in connection with the reduction in the number or staff of the organization's employees (part 2 of article 81 of the Labor Code of the Russian Federation) is regulated by art. 178 of the Labor Code of the Russian Federation. When an employment contract is terminated due to a reduction in the number or staff, the dismissed employee is paid a severance pay in the amount of the average monthly salary, and he also retains the average monthly salary for the period of employment, but not more than 2 months from the date of dismissal (with offsetting the severance pay). In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal (by decision of the employment service authority - a certificate confirming the fact that the employee has not yet been employed). If the employee did not apply to the employment service within two weeks after the dismissal, then the provision of Part 3 of Art. 178 of the Labor Code of the Russian Federation does not apply, since this requires the decision of the employment service authority.

Additional compensation in the amount of two months average earnings (i.e. in addition to the established labor legislation

severance pay) is paid if the employer, with the written consent of the employee, terminates the employment contract with him without giving notice of dismissal two months in advance.

An employment contract and a collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay.

The accrual and payment of severance pay is carried out after the dismissal of the employee on the basis of payment documents with the obligatory personal signature of the dismissed person. If the dismissed employee is not for receiving the payments due to him, it is necessary to send a written notification to his address (a copy of the document must remain with the employer) about the payments due to him.

Documentary support of the staff reduction procedure

The downsizing procedure must include documentary confirmation events held:

New staffing.
Order on the approval of the new staffing table.
Downsizing order.
Action plan to inform the personnel of the enterprise about the ongoing activities.
An extract (personal file) for each candidate for dismissal.
Minutes (decision) of the commission based on the analysis of the pre-emptive right to leave at work.
Signatures under the order to reduce staff, indicating the date of familiarization (2 months in advance).
The act of offering the employee another job (position).
An act on the refusal of the dismissed employee to offer another job (indicating the date and signature of the dismissed employee) - in case of disagreement.
An act of agreement with the proposed work (indicating the date and signature of the dismissed employee) - in case of consent.
Notification letter to the trade union body on the implementation of measures to reduce staff with copies of the documents that are the basis for the decision (staffing, order to reduce, etc.).
The act of agreement or disagreement of the trade union body with the grounds presented by the administration.
Protocol of disagreements (in case of additional consultations with the trade union).
Notification letter government bodies employment (for 3 months).
Dismissal order (with the date and signature of each dismissed employee).
Payment documents with the signature of the dismissed employee on receipt of payments in accordance with the law.
A copy of the notification to the employee about the need to receive payments due to him.

Cases of dismissal due to redundancy without an appropriate statutory procedure make up the majority of labor lawsuits. Usually won by employees. After all, it is enough to violate at least one point of the reduction action plan, and it will be considered invalid. That is why employers should know everything about how to properly carry out the redundancy procedure, and employees should know whether they were fired correctly or not. If they go to court, and the court proves them right, then the employer will have to pay wages for the time of forced absenteeism, however, only if the employee received a “white” salary before dismissal. You will also have to pay compensation for moral damage and reinstate the employee at work. In about half of the cases, the court takes the side of the employee, and the employer loses money.

From the point of view of legislation, the employee today is protected to a greater extent than the employer.

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Labor legislation gives him the right to take the initiative in this case. One of the manifestations of this initiative is that an employee who falls under the reduction will not be able to leave work ahead of schedule without the consent of the immediate head of the organization or enterprise.

And the employee's reasons can be quite valid. For example, he has found a new job and wants to immediately begin to fulfill his duties. In order to obtain the consent of the management for the early termination of the employment contract, the employee must write and submit an application.

At the same time, the presence of such a document does not guarantee that the employee will receive the desired. Legislation gives the right to early care in accordance with federal law 197, however, does not impose such a duty on employers. That is, the decision in this case will depend on the good will of the leadership.

The basis for early termination of the employment contract is an application submitted by the employee.

In this document, he asks the management to allow the settlement at his request, referring to the main reason for submitting the document, that is, the upcoming and change in staff a lot of schedule.

According to Article 180 of the Labor Code, the consent of the employee, recorded in the application, just gives the manager the right to issue an early dismissal. Without such consent, the employer is not entitled to terminate the employment contract. This will violate the general reduction procedure provided for by law.

There is no unified form () for drawing up an application by law. For this reason, the employee draws up a petition at his own discretion. However, the receipt of an early settlement will depend on the correctness of all the wording. Therefore, the following items are included in the document:

At the top, the name of the document is indicated and an appeal is made to the head of the organization or enterprise (name legal entity fit in completely).
Below is a request to allow early termination of the employment contract in connection with the upcoming reduction of the workforce (the number and date of the notification received from the employer are indicated).
Be sure to enter information that they were, but the employee refused them. It is also recorded that the employee, despite the early settlement, claims all the payments required by law (this is a very important point that allows you to avoid discrepancies in the document!).
Next, enter the desired date for terminating the employment contract.
The document is signed with the decoding of the name and patronymic. The date of its compilation is indicated below.

It must be understood that for certain categories of workers such care is not of particular value. The standard reduction procedure involves mailing out employees two months before the planned termination of employment contracts.

Fixed-term contracts require the employer to send notices a week before the planned dismissal. If the contract is for seasonal work or has a short period of validity (two to three months), a notice will be sent three days in advance. Obviously, with such a short waiting period for the termination of the employment contract and the final payment, the employee is unlikely to need it.

It is also necessary to understand that in most cases the employer is interested in the early departure of the employee. Despite the obligations for additional compensation for early calculation, the employer will be able to avoid problems with jobs. After all, the reduction of a staff unit implies the cancellation of a certain position or the transfer of part of its functions to other employees ( structural divisions).

Due to the lack of the necessary position (job), it will be easier for the employer to say goodbye to the employee ahead of schedule than to pay him another two months before the day of dismissal announced in the notice.

Early termination procedure

The reduction of the working staff is carried out taking into account several articles of the Labor Code at once.

Most of the procedure for early departure of an employee is not much different from the standard termination of the contract. The employer takes the following actions:

Issued, fixing the order to begin the procedure for reducing staff units. That is, a change in the staffing table, from which certain positions (jobs) will be withdrawn as a result.
The personnel department that received this order is compiling a list of positions and employees subject to reduction (according to Article 179 of the Labor Code).
After that, the employees who are on the list are notified in writing.
The notifications prepared by personnel officers are signed by the head of the organization or enterprise, and then transferred to the laid-off employees for review.
Upon receipt of such notice, the employee must sign it. Refusal to sign the situation will not change, since in fact the position of this employee has already been excluded from the staff list, and the upcoming dismissal is considered a legal fact.
But, nevertheless, the refusal is recorded by a separate act, which is then attached to the employee's personal file.
After signing or not signing the notice, the employer talks to the dismissed employees, offering them a choice of various vacant positions.
It should be noted that related to preferential categories(for example, pregnant employees).
At this stage, the employee who decides to leave in advance draws up an application and submits it to the manager. The document undergoes mandatory registration in the accounting book, it is performed by the secretary or other responsible person. After that, the application falls on the table to the head.
Having considered the request of the employee, the employer satisfies it or refuses to satisfy it. After that, a resolution is imposed on the application.
If the decision is positive, a separate order is prepared. On its basis, employees of the accounting department and the personnel department carry out the accrual of funds.
The accrued are issued to the dismissed employee on the day that he indicated in the application (and then duplicated in the order of the management).

What payments are due?

It is more economical for the employer if the employee leaves. However, if this wording is not indicated in the application written by the employee being terminated, the payments are accrued in full. They are formed:

from the official accrued for the days actually worked in the last working month;
from the compensations laid down by law for more;
from additional compensation payments for all days remaining until the date of dismissal announced in the notice of management (accrued based on average wages);
from the payment of months of involuntary unemployment set aside by law to find a new job (usually it takes one to two months).