How to downsize a position. Do I need to offer a vacant senior position? Payments upon layoff

The step-by-step instructions for layoffs to reduce staff, presented in this article, talk about the procedure for laying off workers and how to reduce staff in 2017 in a legally correct manner. From this step-by-step instructions for downsizing, you will learn who can and cannot be laid off, which employees are given priority during the downsizing procedure, what formalities must be followed, and get answers to other questions.

Reducing the workforce of an organization is a rather complex procedure that ensures strict compliance with the legal rights of employees and requires a clear sequence of actions by management. This article, which describes the reduction procedure step by step with a description of the most important points, which are worth paying close attention to, will help both employers and employees avoid conflicts, mistakes and other problems. In case of controversial issues Contact a labor lawyer.

Step-by-step instructions for downsizing staff

So, the employer decided to reduce the number or staff of the organization. Where should the downsizing procedure begin?

Step 1. Approval of the new staffing table

An employee can be laid off only after his position has been removed from the staffing table. Therefore, first of all, the employer must amend the existing one or develop a new one. staffing table, having approved it by appropriate order. The order is issued no less than 2 months before the scheduled start date of layoffs, and if they are widespread - 3 months. This order must contain a reasoned explanation of the need for reduction, the timing of reduction measures, as well as the effective date of the newly issued schedule.

The order should be registered in working order (in the appropriate register) and brought to the attention of employees.

Step 2. Notification of employment authorities

According to current legislation, the employer is obliged to notify the employment authorities in writing about the upcoming reduction of personnel. For legal entity maximum terms are - 2 months, for an individual entrepreneur - 2 weeks before the start date of layoffs. If the layoff is massive, the employment service must be notified no later than 3 months in advance of the start of layoffs. The notification sent should be recorded in the outgoing document log.

Step 3. Notification of the trade union organization

According to Art. 82 of the Labor Code of the Russian Federation, the employer is obliged to notify the body of the trade union organization about the planned reduction - 2 months (or earlier) before the start of layoffs. In case of massive reductions - 3 months in advance. To do this, a draft order and copies of the documented reasons for making such a decision are sent to the trade union. The trade union, within 7 working days from the date of receipt of the notification, must respond with a reasoned opinion in the form of written minutes of the trade union meeting.

If it is impossible to reach a compromise, the employer has the right to make an independent decision, which can subsequently be appealed.

The collective agreement may provide for a different procedure for the participation of the trade union body in the reduction procedure.

Step 4. Who can and cannot be fired due to layoffs?

The employer must decide which positions and which employees would be appropriate to cut. It is important to take into account that there are a number of categories of “untouchable” employees (see Article 261 of the Labor Code of the Russian Federation), whose dismissal is prohibited by law, as well as employees who have a preferential right to remain at work (see Article 179 of the Labor Code). Employees should familiarize themselves not only with these articles of the Labor Code of the Russian Federation, but also with the Collective Agreement approved by the organization, since it may provide additional categories employees with preferential right to remain at work.

Compliance with this right of employees must have documentary evidence - in the form of a summary comparison table, or a protocol of the decision of the commission to reduce the number and staff.

Step 5. Warning workers

It is necessary to give written notice of the upcoming layoff to each laid-off employee against signature:

• at least 2 months before dismissal - to employees hired on a non-employment basis fixed-term contract;
• at least 7 days in advance for seasonal workers;
• no less than 3 days in advance - to employees working under a fixed-term contract lasting no more than 2 months.

The notice is drawn up in 2 copies and is subject to registration in the usual manner.

Both the employee and the employer can terminate the employment relationship before the expiration of the notice period for dismissal, with the consent of the other party to the contract.

Step 6. Offer alternative vacancies

Management is obliged to offer the employee all available jobs in the area that correspond to his qualifications and state of health. The proposal is drawn up in 2 copies, indicating the deadline for the employee to make a decision and recorded in the appropriate registration journal. One copy remains with the employee. On the second copy, the person being reduced signs for receipt.

Before the date of dismissal, the employee should be offered new vacancies if they become available or become vacant. If the employer is unable to provide an alternative vacancy, it is recommended to draw up a notice of the absence of vacancies and the impossibility of transfer and bring it to the employee against signature. After this, you can begin the dismissal procedure.

Step 7. Issuing a dismissal order

Issuance, registration and familiarization of the employee with the termination order labor relations occurs in the standard manner. The employer must take into account that it is impossible to lay off an employee during sick leave or on vacation (with the exception of the liquidation procedure of the enterprise).

Step 8. Settlements with employees, payments and compensations

On the last day of work with a laid-off employee, a final settlement is made with the payment of wages, monetary compensation for unused vacation, severance pay, additional compensation (in case of early dismissal). (For individual categories employees may be provided with other benefits).

The employee is guaranteed the right to receive an average monthly salary for the period of employment, but no more than 2 months from the date of dismissal, taking into account severance pay (within 3 months - by decision of the employment service).

According to Art. 140 of the Labor Code of the Russian Federation, if the laid-off employee was absent on the day of dismissal, then the due amounts are paid no later than the next day from the date of the application-demand for payment.

Step 9. Registration and delivery of the work book

The HR department records dismissal records in the work books and personal cards of laid-off workers: “dismissed due to a reduction in the number of employees, paragraph 2 of Article 81 of the Labor Code Russian Federation ».

Documents, including certificates of average wages and 2-personal income tax, are issued to each employee upon signature of receipt - on the day of dismissal.

We hope that the dismissal is due to staff reduction. step by step instructions the implementation of which we have revealed will be effective and painless.

Material prepared to order law firm"Dominium"

Dismissal due to staff reduction in 2017

According to the Ministry of Labor, in 2016, the number of jobs at enterprises associated with industry significantly decreased. As a result, the number of unemployed has increased.

Changes have occurred in the Labor Code of the Russian Federation - Russians now have priority in hiring compared to labor migrants from neighboring countries.

In our article today, we will look at who may be affected by staff reductions, who cannot be laid off, and also find out what the compensation is for dismissal due to staff reductions in 2017.

Downsizing 2017: who might it affect?

In 2017 for budgetary organizations funding cuts are envisaged, which means public sector workers may be at risk. These include:

• teachers;
• librarians;
• FSIN employees;
• Mosgostrans employees;
• telecommunications workers.

In addition to the above groups, layoffs due to staff reduction in 2017 may affect:

• office workers;
• builders;
• pensioners and other categories of citizens.

A difficult situation has developed in the domestic auto industry and banking sector. VAZ management made a statement about a possible reduction in the number of its employees.

Let us note that a rather difficult situation with labor activity is observed not only in the constituent entities of the Russian Federation, but also in the capital - Moscow. It is likely that the unemployment rate this year will be at 6.4%, higher than in 2008.

At the initiative of the employer, according to Art. 81 of the Labor Code of the Russian Federation, it is possible to dismiss an employee due to staff reduction in two situations:

1. The employer has the right to terminate the contract if the organization completely ceases its activities due to liquidation. In this case, all employees are fired, even those who are included in the list of preferential categories that are not subject to layoffs.

2. There is a decrease in the number or staff of employees.

Who cannot be laid off according to the law?

Dismissal due to staff reduction must be carried out in accordance with the norms current legislation.

The following categories do not fall under redundancy:

• workers whose families have no other source of income;
• workers who were injured at the enterprise;
• employees who have two or more dependents;
• employees who are on vacation;
• mothers with children under three years of age;
• single mothers;
• pregnant women;
• employees who have not reached eighteen years of age;
• employees who undergo advanced training;
• temporarily disabled workers;
• disabled people of the Second World War.

If the norms of the Labor Code of the Russian Federation are not observed, staff reduction is considered unlawful.

The procedure for dismissing employees during staff reductions

The procedure for dismissing an employee due to staff reduction is as follows:

Read also: Is it possible to get a new work book?

1. Order to terminate the contract labor activity.
2. Preparation of documents.
3. Carrying out settlements with the employee.

The Labor Code describes in stages the mandatory actions of an organization that has decided to reduce the number of employees:

• issuance of an order;
• employees receive notice of layoffs no later than two months in advance;
• notification by the organization of the employment center (trade union);
• procedure for dismissing an employee due to staff reduction.

Please note that in 2017, the order to reduce staff in mandatory must contain the terms and date of reduction.

Employees who have been laid off must carefully read the document and sign it. The notice of staff reduction may contain a proposal to transfer to a reduced work schedule or to another position.

Dismissal due to staff reduction - compensation 2017

Upon dismissal due to staff reduction, the employee is entitled to severance pay. In addition, in some situations, the organization must provide financial support to the employee until he gets another job.

The legislation provides for the procedure for calculating benefits when the number of employees is reduced.

Part one of the Labor Code states that severance pay to an employee cannot be less than the average salary (per month).

The organization is obliged to pay compensation to the dismissed employee for two months until the former employee of the organization or enterprise is hired.

In order to receive compensation, the employee must register with the Employment Center within two weeks. Compensation is due to those employees who were unable to find another job within this period.

For workers in the Far North, the rules for receiving compensation are different. They have the right not to register with the Employment Center for three months and receive compensation. If such employees register with the Labor Center after a month, then they receive financial support from the organization for the next three months.

It should be taken into account that when paying the average monthly salary, it is necessary to deduct the amount of severance pay received by the employee upon dismissal.

How is severance pay calculated?

After the organization issues the order, it is necessary to accrue the monetary amount of severance pay. In this case, the document must be drawn up very carefully and without errors.

The order must clearly explain the reasons for termination. employment contract with an employee. It is necessary to indicate the number of the article of the Labor Code.
Upon dismissal, the employee receives severance pay on the day following the termination of the employment contract.

If there are claims from the employee, he has the right to go to court. That is why it is very important to agree on an amount that would suit both the employee and the organization.

If the employer violates the terms of payment of funds, then he is obliged to pay compensation to the former employee. For each day of delay, interest is charged (at least /300 of the rate Central Bank RF).

If the employer does not pay the due cash, That former employee has the right to sue him, and in court to declare a demand for additional compensation, in addition to interest for delayed payments:

• compensation for lawyer's services.

How to calculate the amount of severance pay?

Based on part three of 139 of the Labor Code, the organization’s accounting department calculates the average salary of an employee.

Thus, to calculate the amount of severance pay you need the amount wages employee divided by the number of days that the employee had to work in the organization (based on the salary for the year). The resulting amount must be multiplied by the number of days the employee worked in the month following the date of dismissal.

In accordance with the norms of the Tax Code of the Russian Federation, severance pay is not subject to personal income tax. The employer does not have the right to make benefits and insurance contributions and payments.
It should be noted that many enterprises and organizations seek to fire workers at their own request. In such a situation, compensation will not have to be paid to the former employee.

In addition to the procedure for dismissing employees, the Labor Code of the Russian Federation contains a list of compensation payments upon dismissal due to staff reduction:

1. Receive a salary for the entire month worked.
2. Compensation for unused vacation.
3. Severance pay.
4. Average salary (during the employee’s cooperation with the company).

Please note that the code sets out a rule according to which an organization or enterprise can make payments at different times.

Reduction of pensioners

According to statistics, in 2016 more than 38% of citizens of retirement age continued to work. Let us remind you that the retirement age for women is 55 years, and for men - 60 years. Pensioners also include people who are disabled or have lost their breadwinner.

The Labor Code of the Russian Federation (Chapter 27) contains detailed information regarding the procedure for making payments in case of staff reduction. However, according to the law, there is no difference between an employee and a retired employee. Therefore, very often this category of employees falls under layoffs.

In recent years, very often the case comes to court when a pensioner challenges the legality of his dismissal from office due to age.

Compensation and calculation for dismissal due to staff reduction in 2017

If an organization ceases its activities for any good reason or the employer needs to reduce the number of staff, he has the right to dismiss an employee on his own initiative.

In this case, he must strictly comply with the rules and regulations for dismissal. The employer is also obliged to pay the employee all financial compensation required by law for layoffs.

In the current difficult crisis year of 2017, this topic is more relevant than ever. For both employers and employees who need to know what they and their families can expect if they are fired involuntarily.

Provisions of the Labor Code of the Russian Federation on staff reductions for 2017

The law provides for various reasons for the dismissal of employees at the initiative of the employer.

This situation directly concerns only the first two paragraphs of the Labor Code of the Russian Federation, Art. 81. :

1. The employer has the right to terminate the contract if the organization completely ceases its activities due to liquidation.
2. There is a reduction in the number or staff of employees.

The first point includes all employees without exception, even from the list of employees with privileges, since the enterprise as a whole ceases to exist.

Learn about the provisions of the Labor Code of the Russian Federation on dismissal due to staff reduction from the video.

How to correctly reduce the number of employees and calculate them in 2017

When reducing personnel, you need to understand that the number of personnel or positions is being reduced.

Job reduction means, for example, the dismissal of a manager at an enterprise where an engineer, marketer, manager and salesperson work.

If an organization employs two engineers, three marketers and five salespeople, and after layoffs only an engineer, a marketer and three salespeople remain, in this situation we are talking about layoffs.

At first glance, everything is simple: the law says that the employer has the right to lay off workers if he needs it, he just needs to choose people or positions.

But in practice, there are many rules that must be followed when reducing staff.

Let's find out more details about them.

Reduction

The reduction procedure itself looks like this:

1. The employee is notified by shift notice that he is subject to layoffs.
2. A dismissal order is issued for the organization.
3. On the last working day, the laid-off employee receives full payment.

Everything is done according to approximately the same principles as termination of an employment contract for any other reasons.

Reason for employee dismissal

Despite difficult times, the owner cannot simply lay off his employees any day. In order to legally make a reduction, it is necessary to have a normal justification that will convince the labor commission.

Evidence is required, for example, that the industry where the dismissal is taking place is extremely unprofitable and the owner has no other choice but to close this position.

Where to start

To begin with, you can check empty vacancies; it often happens that, according to documents, an organization employs, for example, 4 economists, but in fact there are only 2 of them. You may not have to fire anyone, but such a procedure will not add funds either.

If it comes to dismissal, first of all you need to start:

• from employees who are already retired;
• employees with little experience and seniority;
• those who bring less benefit to the organization.

But everything should be tactful and thorough so that the employee has no grounds to sue you.

Who should not be fired

employees under age;

employees who are in a situation;

women with a child under three years of age;

workers raising a child under 12 years of age alone.

Transfer to another position

Before terminating the contract, it is necessary to offer the employee other available vacancies at the enterprise, with any salary and level, even a cleaner. Provide vacancies with higher qualifications than those this employee, no need.

Read also: Who is the employer under the employment contract?

Alert

Two months before the layoff, the employee must be notified in writing of the upcoming event. The employment service and the trade union committee must be notified within the same time frame.

It is impossible to resolve the issue with one notification to ten employees; everyone must familiarize themselves with the resolution individually, against signature. The employee, by the way, does not even need to write a letter of resignation, since the initiative comes from the other party.

Find out about payments to an employee when he is laid off on our website.

The article discusses the dismissal of a serviceman for health reasons. Legal side issue, payments and compensation, the procedure for dismissal from the Ministry of Internal Affairs for health reasons.

A sample of internal labor regulations is here.

What compensation, payments and benefits are due upon dismissal due to staff reduction in 2017

The final working day is the day of layoff, after which the entrepreneur is obliged to pay certain compensations:

• vacation compensation for unspent vacation time:
• severance pay;
• any existing debts to a former employee.

Average earnings are calculated based on the average salary and the time during which the employee worked in a given organization.

According to the Labor Code of the Russian Federation, upon layoff, an employee can count on the following payments:

1. Severance pay (in total equal to one month’s salary).
2. Compensation for the time being until the employee has found new job(time limit).
3. Compensation provided for certain situations.

Before an employee takes a new job, he has the right to receive a monthly salary from his former employer.

Usually the period is limited to two months; there are rarely cases when the period is extended to six months.

If an entrepreneur delays or partially pays compensation, his actions are unlawful. Also, if the funds are not accrued at all, the former employee can sue the negligent entrepreneur.

And even receive additional compensation:

• for causing moral damage;
• interest for late payments;
• compensation for lawyer's services and others.

Calculation period for staff reductions

It is not necessary to pay everything on one day when laying off workers.

Actually, on the day of layoff, the employee must receive the final payment:

• salary;
• vacation pay compensation;
• one month's severance pay.

At the end of the month after the layoff, the dismissed employee is no longer entitled to mandatory payments.

At the end of the second month, if the laid-off employee provides the entrepreneur with a work record without new work records and submits an application, the employer must pay compensation for another month.

If a dismissed employee managed to find a job, say, on the 15th day of the second month, the benefit is calculated only for the time when the employee was unemployed, i.e. for the first 15 days.

After the third month, compensation continues to be paid only in certain cases.

The employer does not have to pay compensation for the second and third months within the time frame that coincides with the payment of wages to working employees, since this payment is no longer wages.

Payment can be made on any days that must first be agreed upon with the dismissed employee.

How to dismiss retirees due to layoffs and pay them compensation

Employees who are pensioners are laid off on a standard basis. The procedure for laying off a pensioner is no different from if it were an ordinary employee before retirement age.

The only difference is that an employee of retirement age who applied to the employment center and did not find a job may require the employer to maintain the earnings of the laid-off employee for the third month from the date of dismissal.

The employee needs to contact this body in the next two weeks after the layoff, only in this case can he count on additional payment.

This issue is resolved through the court, and there is no clear decision from the court, everything is individual. For some regions, the issue of paying compensation for the fourth, fifth or even sixth months is even being considered.

You need to know your rights and defend them. This formulation is equally suitable for both the entrepreneur and the employee.

The specifics of dismissing an employee due to the liquidation of an organization or staff reduction can be learned from the video.

The procedure for dismissal due to reduction in number or staff

Article 81 of the Labor Code of the Russian Federation provides for the right of the employer to formalize the dismissal of employees when the number of staff is reduced. Moreover, the most important thing in this situation is to completely comply with the entire order. Otherwise, various penalties may arise for violations of the law.

Download the text of Article 81 of the Labor Code of the Russian Federation

Dismissal due to staff reduction step-by-step instructions 2017

This year, the procedure for dismissal when reducing the number of employees has remained largely unchanged.

The procedure for dismissal due to reduction in number or staff :

1. Issuance of an order on the planned reduction in the number of positions.
2. Familiarization of all employees with the order.
3. Notification of trade unions, employment services.
4. Termination of the contract.

Upon reviewing the order, the employee may agree to some other position offered by management, and then a transfer procedure will follow for him. Also, some employees may quit early and receive compensation during this time.

It is very important not to confuse orders at different established stages of the procedure. Provided certain order publication of documents: an order must initially be issued stating that a reduction in the number of personnel of the enterprise has been initiated. Next, a second order is issued at the final stage for each employee to terminate the employment relationship with him.

How to formalize dismissal due to staff reduction?

If it is necessary to reduce the number of personnel, then a certain procedure must be followed. At the same time, there are additional nuances that must be taken into account in order to avoid violations of the procedure:

• It is important to coordinate the reduction in the number of employees with trade unions;
• the procedure provides for the existence of an important reason for reducing the number of employees in the company;
• when it is planned to eliminate a specific position, then if there is an alternative, the employer must offer another position to the employee. If he does not agree to it, then dismissal follows; if he agrees, an application is written to transfer the employee to a vacant position;
• it is necessary to strictly take into account the fact that some employees cannot be laid off, only in the event of liquidation of the company.

How long in advance must employees be notified of dismissal due to staff reduction?

If it is planned to reduce the number of staff, the procedure provides for the obligation of the manager to notify in advance about the upcoming dismissal of employees. After making a decision to carry out a reduction, an order must be issued. It is necessary to familiarize all your employees with it against signature. It is necessary to notify about this at least 2 months in advance before the date specified in the order.

Who cannot be fired due to staff reduction?

Not every employee can be fired on the basis of staff reduction. The law clearly defines the categories of employees whom the organization cannot dismiss due to a reduction in the number of staff. It is possible to lay off such an employee if the company is suddenly completely liquidated.

So, dismissal due to a reduction in staff cannot be applied to the following categories of employees :

• pregnant women and women on maternity leave;
• single mothers;
• mothers of disabled people;
• disabled people;
• sole breadwinners;
• employees who undergo mandatory service in the company, for example, as part of assignment after study.

The employer can still fire such employees - by agreement of the parties. The instructions provide for a certain order of priority for reduction. For example, you can fire a less qualified employee or someone who has worked less time for the company, if we are talking about employees who both do not have additional benefits.

Payments upon dismissal due to staff reduction in 2017

The Labor Code provides for the employee's right to receive certain payments. That is why it is important that the correct entry is made in the work book - the payment of benefits will depend on this.

So, they decided to lay off an employee - he can get payment in the amount of average monthly earnings . Then he can become to the stock exchange, receive benefits for 2 months - 2 average salariess . After this, only payment is due general principles, if a person has not been able to find a new job.

Just like any citizen of the Russian Federation, an employee receives on the day of dismissal, compensation for unused vacation time, salary for the current month proportionally for the number of days worked.

Is additional compensation due upon dismissal due to redundancy?

In addition to the standard severance pay, the procedure provides for the right to receive additional compensation if there is early termination of the contract . The instructions state that the manager must warn in advance about the upcoming reduction. Then the employee can work for the remaining 2 months or quit immediately, while receiving an additional payment for the entire upcoming period - 2 average salaries . All other payments are also due in the standard manner.

Sample dismissal order for staff reduction 2017

The instructions provide for a certain procedure for drawing up orders. Best to find standard sample and then enter your data into it, since essential conditions must be present in it.

The general reduction order contains:

• the date on which employees must be fired;
• list of positions planned to be eliminated;
• reason;
• basic information about the company;
• proposed alternative vacancies.

An order regarding an individual employee must contain:

• the basis on which it was decided to dismiss Art. 81 ;
• date of termination of the relationship;
• position and basic information of the employee.

The employer retains the right to emphasize that the employee himself refused the proposed alternative vacancy.

Given the difficult economic situation in the country, staff reductions are not a rare occurrence. Even highly qualified employees are not immune from it, but some have preferential rights. From this article you will find out who gets laid off first, who is given preference at equal skill levels, and who cannot be fired at all on this basis.

What is an abbreviation

There are 2 concepts - downsizing and downsizing. In Art. 81 of the Labor Code of the Russian Federation does not spell out the differences between them. In practice, the difference is also insignificant. When staffing is reduced, the position remains on the staff list, but the number of people occupying it decreases. When staffing is reduced, the position is eliminated.

The reasons for downsizing at an enterprise are:

1. Difficult economic situation in the country.
2. Merger, reorganization or accession of companies.
3. Internal optimization.

Who gets laid off first and why?

Interesting information

Not only specific positions, but also entire divisions, divisions, and departments may be subject to staff reductions. The employer has every right to do this. However, in both cases, during layoffs, respect for the rights of workers is mandatory, and those who are not allowed to be fired must remain at the enterprise. If entire departments are going to be cut, then employees who have “special” rights should be transferred to other departments.

Let's look at who gets laid off first at work and on what basis. The employer determines preferential rights, and a certain algorithm is provided for this:

1. Employees who are prohibited by law from being laid off are excluded from all candidates for dismissal. According to Art. 261 of the Labor Code of the Russian Federation, these include pregnant workers, mothers of children under 3 years of age, single parents with children under 14 years of age or disabled children under 18 years of age, as well as some others. It is prohibited to dismiss employees in connection with layoffs. maternity leave(Part 4 of Article 256 of the Labor Code of the Russian Federation and Part 6 of Article 81 of the Labor Code of the Russian Federation).
2. The remaining workers are assessed on their skill levels and productivity. The comparison is made between employees who occupy the same positions created within the same structural unit. Correctly assess the qualifications of two leading accountants working in the same department. It is incorrect to compare a leading specialist and a category 2 accountant - this is indicated in the appeal ruling of the Moscow City Court No. 33-27711/2015 dated 08/06/2015. Similar rules apply to the assessment of labor productivity.
3. If the comparison reveals equal levels of qualifications and labor productivity, then family circumstances and other advantages are taken into account when the employee is laid off. There is one exception. If a position is abolished or all staff positions in one position are reduced, then preferential rights are not taken into account. This is indicated in the appeal ruling of the Moscow City Court No. 33-1708 dated January 22, 2015.

What are preemptive rights and who has them?

Given equal levels of qualifications and labor productivity of employees, preference is given to those who have advantages in the reduction of staff. According to Art. 179 of the Labor Code of the Russian Federation, the following categories of workers can apply for job retention:

• family people who have two or more dependents (minor children, other disabled family members who are fully supported by the employee or who regularly receive assistance from him, representing their permanent and main source of livelihood);
• the only “breadwinners” in the family are employees whose families do not have other people with a regular income;
• employees with injuries and occupational diseases received while working in this organization;
• employees who are currently improving their qualifications in the direction of the employer.

If you were illegally fired due to layoffs, you need to contact several authorities. First, send a written application to the organization's trade union. The union must consider the complaint within a week. This case may also be considered by the Federal Labor Inspectorate and the prosecutor's office. If the trade union and the labor inspectorate do not reveal any violations, then a lawsuit must be filed.

• military spouses;
• military personnel transferred to the reserve;
• authors of inventions;
• disabled people of the Second World War and combat operations;
• persons affected by radiation;
• and some others.

Preferential rights to remain at work may also be provided for by internal collective agreements in the company.

How employees are compared

Some facts

Upon termination of an employment contract due to the liquidation of an enterprise, or a reduction in the number or staff of a company's employees, the dismissed employee must be paid severance pay in accordance with the average monthly salary. For a dismissed employee, the average monthly salary is recorded for the duration of the job search for 2 months from the date of dismissal.

The law does not describe specific requirements for the procedure for identifying the preferential rights of employees. Practice shows that courts place more trust in the decisions of commissions when recording the results in writing.
Here are the main nuances that should be taken into account when comparing candidates for reduction:

1. It is recommended that the commission include heads of departments where staff reductions are planned, as well as members of the trade union organization and specialists from other structural divisions(lawyers, personnel officers, quality control officials, etc.).
2. An order should be issued on the organization of the commission, defining the competence of each of its members. Personnel officers may be responsible for providing information about penalties and incentives imposed. Heads of departments should be entrusted with the generation of work reports, compilation of characteristics, etc.
3. It is advisable to draw up summary tables that reflect the results of comparing the qualifications and labor productivity of workers according to a number of criteria.
4. The commission's findings should be recorded in the official minutes of the meetings.
5. The commission must make its conclusions based on the results of comparing the labor productivity of each employee, taking into account the entire set of criteria. The decision that one employee has higher qualifications because the second has less experience is considered illegal by the court.
6. If candidates for layoff are registered in a trade union and regularly pay membership dues, the employer is obliged to take into account the opinion of this organization on the advisability of dismissing a particular employee. This is the requirement of Part 2 of Art. 82 Labor Code of the Russian Federation.

Watch a video that will tell you about the categories of workers who are prohibited from being laid off

List of persons who cannot be dismissed due to reduction

The list of those who cannot be laid off by law includes the following categories of workers:

• temporarily disabled persons;
• employees on leave (including student leave and unpaid leave);
• mothers of small children under 3 years of age;
• women and men raising alone a child under 14 years of age or a minor child with a disability;
• members of the trade union organization.

Those who cannot be laid off from work also include pregnant employees and women on maternity leave. If an employee from the “untouchable” category is nevertheless fired due to staff reduction, he will be reinstated at work automatically by court decision.

We are ready to answer any questions you may have - ask them in the comments

Many workers face a situation in which you could be laid off, especially now when the economic situation in the country is somewhat unstable. From the moment an employee is informed that he will be laid off, he has a lot of questions in addition to where to look for a new job: are there any payments due? If yes, in what size? What if I am a pensioner or a pregnant woman? How should the dismissal procedure proceed?

Staff size optimization

First, you need to understand the basic theoretical issues that the reduction procedure raises.

It is necessary to clearly understand the difference between downsizing and downsizing. Thus, the number of employees is the entire payroll of employees specific enterprise. If we are talking about downsizing, then the number of employees in a certain position is reduced. For example, it is necessary that there are two engineers at the enterprise instead of the currently available ten.

The staff usually includes all management and administrative employees at a particular enterprise. When reducing staff, identical positions or employees of the entire unit being reduced must be excluded from the staffing table. When it comes to reducing a certain staffing position, it is not just one employee who quits, but everyone who, according to the staff schedule, performs work in a certain position.

Legislative grounds

If the enterprise has a question about the need to reduce the number or staff of employees, then on the basis of paragraph 2 of paragraph 1 of part 81 of Article of the Labor Code of the Russian Federation, this is the determining factor for the early termination of an employment contract with specific employees.

To begin the dismissal procedure on this basis, you must make sure that all actions are carried out within the framework of the law, i.e. the employer is obliged to refer to the fact that the company really needs to make reductions.

In addition, in accordance with Article 179 of the Labor Code of the Russian Federation, it is necessary to respect the right of some employees (for example, a pregnant woman and those who have higher qualifications) and the order of reduction. It is imperative that an employee who is notified of an upcoming layoff must be provided with alternative vacancies (if any at the enterprise) taking into account his abilities, qualifications and health status.

In accordance with By the decision of the Constitutional Court of the Russian Federation, dated December 18, 2007, serial number 867, no employer is obliged to in any way justify his decision that he needs to make a reduction. He independently makes decisions that he considers economically beneficial for his enterprise. Third-party organizations, primarily the court when making a decision on the complaint of a dismissed employee, cannot decide whether it was necessary to reduce personnel. For example, the court is only authorized to resolve the situation regarding the legality of the dismissal procedure. In practice, there are often cases when in court the employer still has to justify his decision and refer to certain documentation of the organization.

Payments upon dismissal of an employee

In accordance with current labor legislation, an employee must be notified of an upcoming layoff at least two months before the day on which his actual dismissal occurs. A special order is issued about this, which is read to the employee against signature, indicating the date of familiarization.

In the case where the employee to be laid off has familiarized himself with the document, but categorically refuses to sign it, a special document must be drawn up that reflects this fact.

During the period from introduction to dismissal, the employee must be offered other available positions in accordance with his skills and abilities. If he refuses the proposed options, then after two months the employment contract is terminated. The next step After termination, final settlement with the employee occurs.

Severance pay

Severance pay, as well as other payments, must be transferred to the employee on his last working day. The same time is set for the transfer of the work book.

What is severance pay upon dismissal? This is the payment of a certain amount of money to a dismissed employee from an enterprise that optimizes the number of employees through a reduction procedure.

Severance pay includes the amount of average monthly earnings, taking into account additional deductions.

The employee is also entitled to similar amounts for the next two months after dismissal until employment (calculation is made taking into account the amount of severance pay). In exceptional cases, the employee will be paid for the next three months after dismissal (within 2 weeks from the date of official dismissal, the employee registered with the labor exchange).

Amounts due to an employee as severance pay, based on paragraph 3 of Article 217 of the Labor Code of the Russian Federation, are not subject to taxes, except in cases where the payment amounts exceed 3 months average earnings.

The calculation of the average earnings due for payments is made on the basis of Article 139 of the Labor Code of the Russian Federation, as well as the Decree of the Government of the Russian Federation, dated December 24, 2007, serial number 922. The calculation period is taken to be 12 calendar months preceding the day of dismissal. When the average is calculated, a person's entire earnings are taken into account based on how much they were actually paid.

The amount of average earnings must take into account:

1. Premiums and bonus payments, rewards. No more than one type of additional remuneration per month during the calculated period is taken into account. If there are more bonus amounts, then you can take them into account in the month where there were none;
2. Remunerations based on the results of the year, in connection with length of service, length of service, etc.;
3. Other payments included in the monthly salary.

The main rule for calculating the amount of average earnings: it should not be below the minimum subsistence level established in the country on the day of dismissal.

If the employee subject to redundancy has not worked for 12 months at this enterprise, then the entire period of service must be taken into account when calculating the amount. If the work time was not even one month, then to calculate it is necessary to take its amount tariff rate or official salary.

The following periods are not taken into account when calculating average monthly earnings:

1. when the employee did not receive the entire amount worked, but only the average payment for his work (such periods cannot include the time when a woman, in accordance with the Labor Code of the Russian Federation, can leave workplace for feeding a child);
2. sick leave time, as well as social leave provided in connection with pregnancy and childbirth;
3. when the employee was not at the workplace due to circumstances beyond his control;
4. when there was a strike (the employee did not participate, but could not work);
5. additional time provided to a person to care for a disabled child;
6. time when the employee was not at his workplace for any other reason.

The amount of earnings includes all payments from the employer, including bonuses, products in kind, as well as other payments.

Compensation

Severance pay is not the only amount a person will receive upon dismissal. So, he is entitled to some additional compensation.

For example, if an employee notified according to the rules expresses a desire to leave the enterprise early, he informs the employer about this, and he, in turn, must calculate an additional amount in the form of compensation for the time that he did not use after the notification. Those. If the dismissed employee worked for 5 days after notification (instead of 2 months) and expressed a desire to be dismissed earlier, he must receive additional compensation in the amount of average earnings for the time not worked until the end of the notice period in the case where the employer agrees to let him go in advance. Also, be sure to make sure that you are paid wages for the time worked at the company, as well as unused vacation (if it was actually not used).

Second and third month

If you were laid off due to a reduction in headcount or staff, then know that you have the right to maintain your average earnings for the next two months after the day you were officially laid off. This rule is valid until the moment of official employment, but no more than two months after dismissal. Thus, an unemployed person has some guarantees provided for him by the state, in order to provide him with a certain amount of money until he gets a new job.

If an employee applies for employment to the Employment Center within two weeks after dismissal, he can count on another extra month of subsidies from the former employer (if he did not find a job).

The decision to extend the period is made by the Employment Center, and the payment is made at the expense of the former employer. This kind of additional benefit remains until the person is officially employed (during these 2-3 months). As soon as a citizen finds a new job, payments stop. If a person starts a new job in the middle of the month, then the previous employer only reimburses unemployed time.

For pensioners

For persons who have reached retirement age and have been laid off, the Labor Code in 2019 does not provide for any specific payment requirements.

So, a dismissed pensioner can count on:

1. Severance pay, which is equal to average monthly earnings. In case local normative act The employer provides a slightly larger amount, then the pensioner should receive exactly this amount.
2. Compensation for average earnings for two (three) months while searching for a new job.

We remind you that reaching retirement age is not the main criterion for dismissing such employees in the first place.

By law, they have exactly the same rights to further work or payment of benefits in the event of layoffs as other employees. In addition, people who have reached retirement age have higher qualifications and productivity, which, on the contrary, can be considered a positive factor against the reduction of such an employee.

How to get it?

Registration

Based on current legislation, all settlements with the employee regarding remuneration for time worked and severance pay must be processed and made on the last day of work of the employee subject to staff reduction. Moreover, before this day he must submit a bypass sheet drawn up according to the rules with information that he has no debts to the enterprise.

In order to receive amounts due in the next two (three) calendar months after dismissal, it is necessary, at the end of the month during which the dismissed employee did not find a new job, to contact the former employer for a settlement.

In this case, the employee must confirm his words with documents (provide a certificate from the Employment Center, show his work record book). Only after this can the settlement department employee begin processing payments. If such documents are not provided, no compensation will be provided.

Where are they paid?

All payments due to an employee who has been laid off are paid by the employer at the employee’s previous place of work.

So, if it is necessary to compensate for the time spent searching for a new job within two calendar months after dismissal, then you must submit the relevant documents to the department responsible for payments at the previous place of work from which the person was dismissed.

If you need to make payments for the third month, you must contact the same employer, but you must have a certificate from the Employment Center with you. IN modern world It is very important to know your rights, especially if they affect the sphere of labor relations, since employers often take advantage of the illiteracy of their employees. If you have been laid off and don’t know what to do and how to go through this procedure, then contact a competent lawyer who will help you and tell you what to look for when laying off, and also indicate what payments and rewards you can count on.

You work for yourself, you work, and then suddenly - the boss announces a reduction in staff. Unfortunately, many have encountered this situation.

Many questions immediately arise that require clarification. For example, what payments should an employee receive if he is laid off? What is the legal way to fire an employee? Is it possible to lay off pensioners and pregnant women?

Your position is no longer needed

One of the first questions that arises when an employee is laid off is: “What payments am I entitled to?” A similar situation occurs in large companies, and in small ones. By law, layoffs must be announced no less than two months in advance.

The employee must sign that he was notified on time. If an employee refuses to sign, a special act is drawn up. If this rule is not followed, the person may be reinstated in his position. Once signatures are received, the company is required to offer new vacancies that match the employee's specialty.

When the two-month period comes to an end, the employment contract is terminated and payments are made to the employee in case of staff reduction. He is given a benefit in the form of an average salary. It is retained for the duration of employment (but not more than two months).

Retrenchment of an employee. Payments. Labor Code

This topic is regulated by Article 178 of the Labor Code of the Russian Federation. What she's talking about:

1. An employee who is laid off is paid benefits. Its amount is equal to average monthly earnings.
2. On the day of dismissal, the company is obliged to pay the employee all outstanding wages. As well as compensation for unrealized vacation.
3. Within sixty days after the layoff, the person is paid an average monthly income.
4. If he contacted the employment service no later than two weeks from the date of dismissal, but did not find the required vacancy, then, by decision of this body, the payment of compensation in the event of a layoff is extended for another month.
5. The payment of money must be made on time, otherwise the dismissed person may challenge his rights in court.

More about amounts

So, what payments are accrued to an employee when staffing is reduced? Firstly, this is financing in the form of average monthly income. It is paid within a period of up to 60 days. Secondly, a benefit that is issued immediately at the time of dismissal.

Thirdly, the manager is obliged to compensate all arrears of wages, as well as unused vacation. Fourthly, in special cases, the employee may be accrued two weeks' average income. This applies to moments when he does not agree to transfer to another service in cases considered in the legislation. Also, payments to an employee upon layoff are made in connection with:

• with his conscription into the army;
• with the restoration of the person who previously occupied this position(exit from maternity leave or appeal through the court);
• with refusal to move to another area;
• with his recognition as incapable of work;
• with refusal to work due to changes in the terms of the contract.

Here you need to remember that personal income tax is not withheld from the required amounts. An enterprise is obliged to pay monetary compensation both in the event of liquidation of the company and in the event of violations in the drafting of an employment contract (if they were not caused by the fault of the employee).

Collective and individual agreements preserve payments when an employee is laid off. The timing of the issuance of all due money is limited to the last day on which the employee is still registered in the organization. If there is a delay in payments, then for each day they accrue interest of at least 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

Breaking the law

Fact illegal dismissal often found in everyday life. The employer wants to save his money and can play on ignorance labor laws. Anyone who has been laid off, having collected evidence of violation of his rights, can always sue statement of claim. The filing deadline is thirty calendar days from the date of receipt of a copy of the dismissal order or issuance of the work book. Valid reasons for being late in filing a claim may increase the time it takes to accept a claim. Also, a reason for filing a lawsuit is the refusal to pay interest on overdue compensation due to the worker.

Conditions for the “correct” reduction

If the manager decides to reduce the number of employees, then a number of rules must be followed:

1. Real reduction of workers. The fact of dismissal is entered into the organization's staffing table. An order is also issued to approve the new schedule.
2. According to Article 179 of the Labor Code, it is necessary to provide in writing a number of other vacancies that correspond to the employee’s qualifications.
3. According to Article 180 of the Labor Code, the boss must notify the employee no later than two months before dismissal. The employee must sign that he was warned on time. The manager also approves the plan for communicating information about the reduction. In this case, a newspaper, notice board, or meeting can be used.
4. A selective trade union body must consider the issue of dismissal. It consists of a lawyer, a personnel director, and a representative of the trade union committee. An order is also issued regarding the creation of the commission.
5. According to the Resolution of the Plenum Supreme Court RF No. 2 of March 17, 2004, the responsibility to confirm the legality of dismissal and compliance with its procedure lies with the head of the organization.

Who should not be fired

Based on Article 261 of the Labor Code, a pregnant woman cannot be laid off. If she works under a fixed-term contract, the company is obliged to renew the agreement after this period. The woman will only need a medical certificate confirming her situation.

But it can be reduced in the case when it was registered with the organization during the absence of the previous employee, and there is no possibility of transfer to another vacancy. Women who have children under three years of age and single mothers with a child under 14 or a disabled child under 18 are also not subject to dismissal.

There is one nuance in the field of education. Regarding the reduction teaching staff educational institutions, then this action is possible only after the end of the school year.

Useful subtleties

1. Calculation of payments when laying off an employee who is a part-time employee is not made. The reason for this is the presence of a principal place of business.
2. A worker who has been laid off has the right to receive an early pension. At the same time, he must issue it no earlier than two years before the legal date.
3. If an employee has worked in an organization for less than six months, then compensation payments for unused vacation when the employee is laid off are still made.
4. Severance pay is not subject to the unified social tax, pension contributions, or personal income tax. As well as insurance contributions to the Social Insurance Fund. Compensation for unrealized vacation days is subject to personal income tax, but not unified social tax.
5. If payments to an employee upon layoff are not made at the expense of budget funds, then they are taken into account as part of the expenses going towards salaries. Thus, the income tax is reduced (clause 9, article 255 of the Tax Code of the Russian Federation).
6. An employer can fire an employee without warning, but all payments must be retained. An agreement of this kind, however, like all others, must be drawn up in writing. If the worker and the head of the organization do not come to an agreement, then the reduction should occur on a general basis.

Retrenchment of an employee. What payments are accrued? Calculation example

Let's take the following example. The employee began his career on 09/01/07 and was laid off on 04/23/09 (received a notice from his superiors). He resigned on 6/24/09. For 12 months, the salary amounted to 126 thousand rubles. Start of work in new organization- 05.09.09. We will calculate the average earnings, the amount of benefits and compensation for unrealized vacation.

So, what is the procedure for payments when an employee is laid off?

First, we will calculate the benefits due. To do this, divide the entire salary amount by 12 months and by the number of working days. We get average earnings per day - 357.14 rubles. We multiply this figure by thirty calendar days and get 10,714.2 rubles.

Secondly, we will calculate the amount that will be paid over several months. Since the employee did not get a new job in the first of them, the amount of severance pay goes towards the retained average income. In this case, a mandatory payment of average earnings is made during the second month. The benefit amount will be 11,071.34 rubles (average daily earnings multiplied by 31 calendar days). There will be no payments for the third month, as the employee has joined a new organization.

Thirdly, we will calculate benefits for unused vacation. Based on the fact that the employee worked for ten months, compensation will be paid in 23.33 days. We multiply 28 vacation days by the number of months worked (10) and divide by their number in a year (12). Multiplying the resulting figure by the average daily earnings, we get the entire amount of payments - 8,332.08 rubles.

Early dismissal of an employee

Article 180 of the Labor Code states that employees of organizations are notified of layoffs two months in advance. The same article contains a clause that states that a boss, by agreement with a subordinate, can terminate an employment contract without waiting for the stated date. All payments in case of early dismissal of an employee are preserved. But he will lose compensation if the basis for termination of the contract is a notice of voluntary dismissal. Thus, in order for early layoffs to occur with all legal payments, the following must be done:

1. The manager issues a proposal to the employee to cancel the employment contract before the official dismissal date.
2. The employee writes written consent to this proposal.

Compensation payments when an employee is laid off are not made if the application states “I ask you to dismiss me of my own free will.” Or there is a letter from the new manager requesting a transfer to another organization. If the application states “I request to be dismissed due to the reduction of my position before the expiration of the term,” then the mandatory consent of the employer will be required.

Going to court

Since it is beneficial for the employer to dismiss an employee at his own request, psychological pressure may be exerted on the latter. And this is a reason to go to court. Coercion to write a statement will need to be proven. When considering a labor dispute, the court pays attention to the following points:

1. What are the reasons for writing a statement - own desire employee or coercion.
2. What are the circumstances of its registration?
3. How clearly the appeal is written and whether it contains the necessary details.
4. What are the worker's intentions?
5. What is the dismissal procedure?

If the court finds the termination of the employment relationship illegal, then the manager is obliged to reformulate the grounds for dismissal, as well as make all payments to the employee upon layoff. The option of reinstatement to the previous position with monetary compensation for forced absence is also possible.

Dismissal of a retired employee

When laying off a retired employee, the following payments must be made:

1. Compensation for unused vacations.
2. Benefit.
3. Maintaining average earnings for the duration of employment for no more than two months. If the organization is located in the Far North region, then up to three.

If an employee gets sick while looking for a new job

An employee has the right to submit sick leave to the manager or to the territorial body of the Social Insurance Fund within thirty days from the date of termination of the employment relationship. Sick leave is paid in the amount of 60% of the employee’s average income.

Reduction under a fixed-term contract

According to Article 79 of the Labor Code, this type of contract is liquidated upon expiration of its validity period. The boss must inform the employee within three days and always in writing. Seasonal workers must be given seven days' notice. They are also entitled to an allowance in the amount of two weeks average pay labor. If, after the expiration date, the contract was reissued as indefinite, then the employee is subject to dismissal on a general basis.

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

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

Notification of layoffs

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

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

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

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

Guarantees for laid-off workers

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

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

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

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

Preferential right to remain at work in case of staff reduction

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

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

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

IN collective agreement, which is compiled at an enterprise or organization, may indicate an expanded list of categories of employees who have a preferential right to remain at work in case of staff reduction.

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

Cannot be fired and employees who are on vacation or sick leave at the time of layoff due to temporary disability. In case of violation of this norm, the employee has the right to appeal the dismissal in judicial procedure and be restored to your previous position.

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

Employee's right to severance pay

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

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

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

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

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

What to do after receiving notice of layoff?

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

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

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

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

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

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

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

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

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

A woman became pregnant after signing a redundancy notice

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

About nothing priority right There is no question of staff reduction; she cannot be fired at all. A woman has this right only if she presents a medical certificate of pregnancy before dismissal (within two months).

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

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

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

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