Procedure for dismissal due to staff reduction. Complete liquidation of an enterprise: how to reduce the number and staff? The reason for the decrease in numbers may be

25.09.2019

The reduction can be carried out by reducing the number of employees or reducing staff positions. This procedure is carried out to optimize the operation of the enterprise. The leader has two options:

Remove from staffing table unnecessary positions.
Reduce the number of employees occupying positions.

The general principle looks like this:

the manager makes a decision;
the order must be issued two months before the layoffs; if they are massive, the period increases to three months;
A new staffing table is being prepared and approved. Important. It is impossible to dismiss due to reduction without excluding positions from the regular staff and approving its amended version;
the employment service is notified about the upcoming event (part 2 of article 25 of Law No. 1032-1 of 04/19/91);
priorities are set when choosing employees who will remain working.

The Labor Code of the Russian Federation establishes a list of persons who cannot be dismissed due to reduction, and persons who fall under the procedure in the first place (Article 279, Article 161).

Labor Code of the Russian Federation, Article 279. Guarantees to the head of the organization in case of termination of the employment contract

In the event of termination of an employment contract with the head of an organization in accordance with paragraph 2 of Article 278 of this Code, in the absence of guilty actions (inaction) of the head, he is paid compensation in the amount determined by the employment contract, but not less than three times the “average monthly earnings”, with the exception of cases provided for this Code.

Labor Code of the Russian Federation, Article 161. Development and approval of standard labor standards

For similar works standard (intersectoral, sectoral, professional and other) labor standards can be developed and established. Standard labor standards are developed and approved in the manner established by the authorized Government Russian Federation federal executive body.

The following categories will be dismissed first:

employees - pensioners;
employees who do not have much seniority or work experience;
employees who have poor performance indicators receive frequent comments.

minors;
pregnant women;
women on maternity leave;
women with children under three years of age;
single parents with a dependent child under 14 years of age;
people who have a disabled child.

Important. A maternity position can be reduced only after the main employee returns to work (with the exception of complete liquidation of the enterprise) (Article 256 of the Labor Code of the Russian Federation).

After selecting the persons who will be laid off, they must be notified of this in writing against signature.

possibility of filling alternative positions. When there are vacant positions in the company, the boss must offer them to the dismissed persons;
order to terminate the employment contract, its registration. Important. An employer cannot fire an employee during vacation or sick leave (Article 81 of the Labor Code of the Russian Federation);
final payment of employees.

On the day of dismissal, employees are paid settlement amounts and all compensation required by law.

A work book with the corresponding entry and other certificates are issued at the request of the dismissed person.

Reference. When people are threatened with layoffs, they should not immediately quit and rush to look for a new job. Upon dismissal in this way, the employee is entitled to fairly substantial payments.

Therefore, you should wait for this moment, and only then look for a new place.

Responsibilities of the employer when laying off an employee

The manager does not have the right to fire employees just like that. All norms and requirements of the Labor Code of the Russian Federation must be observed. So, what must an employer provide when laying off workers?

Employment

If the company does not completely cease to exist, then the employee must be offered any other vacant position.

Upon dismissal due to staff reduction, the employer is obliged within two months, if a vacancy becomes available, notify about this laid-off employee.

Final settlement

In case of layoff, the employer is obliged on the day of dismissal issue all payments due(Article 140 of the Labor Code of the Russian Federation):

full payment upon dismissal (including compensation for unused vacation);
severance pay(the amount is the average monthly earnings);
a person receives an average salary within two months after dismissal, and when submitting an application to the employment service - three months (with the exception of employment during this period);
issuance of required documents.

Labor Code of the Russian Federation, Article 140. Payment terms upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed.

If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

On the day of dismissal when laying off an employee, the employer is obliged give the completed work book.

Other information about labor activity the organization is obliged to issue on the basis of a written application.

Responsibility for failure to comply

If a manager violates the rights of employees when reducing numbers or staff, he will be brought to administrative, disciplinary, and in some cases, criminal liability (Article 419 of the Labor Code of the Russian Federation).

Labor Code of the Russian Federation, Article 419. Types of liability for violation labor legislation and other acts containing labor law norms

Persons guilty of violating labor legislation and other acts containing labor law norms are brought to disciplinary and “material” liability in the manner established by this Code and other federal laws, and are also subject to “civil”, “administrative” and “criminal” liability in the manner prescribed by federal laws.

All actions of the manager must be reflected in the documentation in accordance with the law, and employees are notified against signature of the upcoming layoff.

If this does not happen, a person can demand respect for his rights in judicial procedure . The law in these cases is always on the side of the employees. The employer is obliged to reinstate the citizen in his position, as well as pay him lost profits and moral damages. (Articles 234, 237 of the Labor Code of the Russian Federation).

Labor Code of the Russian Federation, Article 234. The employer’s obligation to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work

The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of:

illegal removal of an employee from work, his dismissal or transfer to another job;
the employer’s refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee to his previous job;
delay by the employer in issuing a work book to an employee, or entering into the work book an incorrect or non-compliant wording of the reason for the employee’s dismissal.

Labor Code of the Russian Federation, Article 237. Compensation for moral damage caused to an employee

Moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract.

In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation.

In addition, an administrative fine of 30 to 50 thousand rubles will be imposed on the negligent employer for legal entities, up to 5 thousand for individuals and officials, and if the violation is not committed for the first time, then criminal prosecution is possible (Article 5.27 of the Code of Administrative Offenses).

Delay or refusal to pay due compensation it also threatens the employer with a large fine and suspension of the enterprise’s activities.

The organization will be obliged to pay employees a settlement with interest for each day of delay (Article 236 of the Labor Code of the Russian Federation).

Moreover, for long-term non-payment of wages and other mandatory benefits and compensations (more than two months) criminal liability is provided (Article 145.1 of the Criminal Code of the Russian Federation).

Labor Code of the Russian Federation, Article 236. Financial responsibility employer for delay in payment of wages and other payments due to the employee

If the employer violates the established “deadline” for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one hundred and fiftieth of the current amount at that time key rate of the Central Bank of the Russian Federation from amounts not paid on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive.

In case of incomplete payment in deadline wages and (or) other payments due to the employee, the amount of interest (monetary compensation) is calculated from the amounts actually not paid on time.

The amount of monetary compensation paid to an employee may be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.

Important. If an employee believes that the employer has violated his rights, he should file a complaint with the following authorities:

trade union (if there is one);
labor inspection (located at the employment services);

Filing a lawsuit is the last resort As a rule, if disagreements arise with the employer, all disputes are resolved with the involvement of trade unions and the department for the protection of workers' rights.

It is better to comply with all obligations of the employer when reducing staff according to current legislation. Violation of employee rights can result in serious trouble and monetary losses. Judicial practice shows that in such situations the authorities always take the side of the workers.

Losing a job is almost always an unpleasant event. But it's one thing when former employee they see off with honor and gratitude for the work done, and another thing is when the dismissal occurs due to problems in the company itself, and even in a fraudulent way. Unfortunately more than half modern organizations They are guilty of the second type of dismissal. And naive citizens allow the leadership to violate their rights. To prevent this from happening, you need to know at least the basic nuances of the procedure for leaving work. IN in this case We will consider what the procedure for dismissal due to staff reduction should be.

Dismissal due to reduction - reminder to employees

The layoff procedure for staff reduction is a headache for many companies. Almost every organization is looking for loopholes to facilitate this process, reduce costs and bypass the labor code. And unfortunately, they are often found. To prevent this from happening, it is worth taking note of how the redundancy dismissal procedure should actually take place.

1. Any company must present to its employees notice of dismissal due to reduction no later than two months before the staff reduction itself occurs. Besides general meeting and information at the stand, the organization’s managers must convey the information to each employee personally and receive his confirmation with a signature.

2. The conditions for dismissal due to reduction consider the option in which management can offer an employee deprived of a position other vacant positions corresponding to his experience and qualifications. But most often this does not happen, because employees are not aware of the existence of such a responsibility of their management.

3. Another important nuance that you need to pay attention to is early dismissal due to staff reduction. This situation arises when an employee who has been laid off has expressed a desire to resign ahead of schedule due to employment at new job. In this case, the organization has no right to interfere with the employee. As for compensation, the employee has the right to count on additional payment in the amount of average earnings calculated in proportion to the time remaining before the expiration of the notice period for layoffs.

4. Payments upon dismissal due to reduction. If the corresponding entry is made in the work book, the employee receives the following compensation upon dismissal due to reduction:

Not later last day work, the employee must receive a payment in the amount of salary for the last month of work + compensation for all unused vacations
Along with the settlement, the employer is also obliged to pay severance pay in advance for the first month of unemployment of the employee. If an employee does not find a job within two months, the employer is obliged to pay another benefit in the amount of average monthly earnings. Provided that 14 days after dismissal, the employee registered with the Employment Service but 3 months after the layoff still found work, he is entitled to another severance pay upon dismissal due to layoffs and temporary unemployment.
Benefits upon dismissal due to reduction. If an employee who has been laid off and registered with the Employment Service has not found a job within 3 months, starting from the first day of the 4th month of unemployment, he is entitled to receive benefits. It will be paid by the Employment Service in the following order:

starting from the fourth month after dismissal due to reduction and the next 3 months: 75% of average monthly earnings;
next 4 months – 60% of average monthly earnings;
from 8th to 12th month – 45%.

Also, an employee who has been laid off due to reduction has the right to:

In order for all of the listed benefits to be available, an employee dismissed due to staff reduction must contact the employment service at his place of residence within 14 calendar days from the date of dismissal.

If the conditions of dismissal due to reduction described above were violated by the employer, the employee has the right to go to court. The law will always be on the side of the employee, no matter what country he is in. Every person is obliged to know his rights, and for this it is at least sometimes worth looking into the labor code.

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

What the law says

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

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

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

Making changes to the staffing table

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

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

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

Categories of persons who cannot be reduced

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

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

The following employees enjoy the advantage of remaining at work:

Are parents of disabled children;
Single mothers;
Single fathers;
Are the sole breadwinners in the family;
Injured or prof. diseases in this particular workplace;
Persons who became disabled in wars;
Heroes of Russia and the Soviet Union;
Victims of the Chernobyl disaster;
Victims of tests in Semipalatinsk;
undergoing training for which they were directed by the organization;
Employees who patented inventions (USSR legislation applies here);
Heads of trade union organizations;
Representatives of the team elected by voting who take part in resolving conflict situations with management.

So, it is unacceptable to dismiss due to reduction:

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

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

Reasons for laying off employees

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

Generally, serious circumstances include:

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

Conditions for dismissal

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

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

Order and procedure for reduction

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

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

Employee rights when staffing is reduced

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

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

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

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

How are payments made upon dismissal due to staff reduction?

Table 1. Payment procedure

What to do if payments have not been made in full

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

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

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

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

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

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

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

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

Table 2.Comparative analysis of types of dismissal

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

Employer mistakes

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

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

Conclusion

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

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

The crisis that arose in connection with the political situation in the country has led many employers to the need to reduce personnel costs. And, as a consequence, to the reduction of workers themselves. In this situation, questions invariably arise related to the preparation of documents, due payments and compliance with the requirements established by law.

How should the layoff procedure take place, and what are the rights of the laid-off employee?

What does the Labor Code of the Russian Federation say about layoffs?

The right to determine the number of employees belongs exclusively to the employer. Moreover, the rationale for the decision is not, according to the law, the responsibility of the employer.
But there is an obligation to comply with the formal procedure (notes 82, 179, 180 and 373 of the Labor Code of the Russian Federation).

In what cases is a reduction illegal?

Lack of real grounds for reduction (approx. “imaginary reduction”).
Dismissal carried out without following the required procedure or when the procedure is not followed correctly.

Who can't be laid off?

During the reduction procedure, certain categories of employees have a preferential right - to be dismissed last (Article 179 of the Labor Code).

Employees who are required by law to remain at work when staffing is reduced include:

Employees with 2 (or more) dependents (ex. family members supported by the employee).
Employees whose families have no other sources of income.
Employees who, while working for a specific employer, received a work injury or occupational disease.
Disabled people of the Second World War.
Employees who carry out advanced training at the direction of the employer in conjunction with their work.
Employees who are on vacation - regardless of the type of vacation ( employment contract can be terminated only on the 1st day the employee returns to work).
Future mothers.
Mothers who have babies under 3 years old.
Employees who are temporarily disabled (the employment contract can be terminated only on the 1st day of the employee’s return to work).
Single mothers (disabled child under 18 years old or a child under 14 years old).
Employees raising children without a mother (a disabled child under 18 years of age or a child under 14 years of age) are guardians.
Employees under the age of 18 (in the absence of consent from the guardianship authorities).

In a situation where an employer fires expectant mother or a single mother, not knowing about these facts, the dismissal is declared illegal through the court.

Reasons and grounds for reducing the salary of an employee of an organization

Among the main reasons for possible staff reductions allocate liquidation company, a change in its type of activity, financial difficulties, etc.

To date the most pressing reason – financial difficulties (reason – political situation in the world, economic difficulties). Reducing staff is becoming the only option for many companies to “stay afloat” and save themselves from bankruptcy.

The Labor Code of the Russian Federation clearly defines the grounds for layoffs:

Liquidation of the enterprise.
Termination of activities of an individual entrepreneur company (organization).
Reduction of number/staff of employees. This clause is valid only if the employee’s position is liquidated.
Availability of employees with higher qualifications, labor productivity, etc. (evidence of qualifications must be confirmed by relevant documents).

It is worth noting that the order to reduce staff must indicate the real grounds for the reduction, according to which it is carried out.

How to properly lay off an employee?

The entire staff reduction procedure is divided into several stages:

Issuance of an order to reduce staff and change the staffing table

It defines a list of positions that are subject to exclusion from the staffing table with the corresponding dates, as well as a list of persons who will be responsible for the reduction procedure (notifying employees, etc.).

Creation of a commission of competent specialists

She should deal with the issues of staff reduction and setting deadlines for each stage of the procedure.

Notification

Preparing its form with complete information about the reduction of positions, familiarizing employees subject to dismissal with notifications against their signature 2 months before the scheduled date of termination of the contract. Already at the time of preparation of this notice, the employer must be aware of the presence/absence of the employee’s preemptive right.

Vacancies

The employer offers employees subject to redundancy all positions that correspond to their qualifications and state of health, and are available in the area where the employee performs his work duties. An employer can offer a vacancy in another area (except outside the borders of a locality/location) only in a situation where this is provided for in the employment contract.

It is worth noting that the dismissal of an employee due to staff reduction is permissible only if the transfer of this employee to another job available to the employer (and only with the written consent of the employee) is impossible (Article 82 of the Labor Code of the Russian Federation). All available vacancies must be offered to the employee, both upon delivery of notice of reduction and up to the moment of termination of the contract). If vacancies are not provided, as well as if measures are not taken for the further employment of the employee, the dismissal will be considered illegal, and the employee must be reinstated in his previous place.

Employment Center

The employer is obliged 2 months before the termination of the contract with the employee (not less) report the reduction of the corresponding position to the employment center. In case of mass layoffs – 3 months (at least).

This notification to the central employment center must contain all the necessary data about the employees being laid off, including the terms of payment for their labor (profession and specialty, position held, qualification requirements, etc.).

Note: failure to notify the Central Labor Office about the layoff of an employee is illegal, as is the absence of a mark on the notice received by the Central Labor Office (that is, the notification was sent to the Central Labor Office, but the employer does not have a mark about this).

Trade union

A message about future staff reductions is sent to the elected body of the trade union organization 2 months before the scheduled date of termination of contracts. In case of mass dismissal - 3 months in advance.

Dismissal

The issuance of the corresponding order should be carried out after the expiration of the warning period about future reductions, with the subsequent registration of all necessary documents and familiarizing the employee with them against his signature and exclusively within the time limits established by law.

After which the employee is given a work book, all other necessary documents, and a full payment is made (in a timely manner).

Severance pay

Payment of compensation is carried out by the employer after termination of the contract, also strictly within the time limits established by law.

Samples and forms of notifications or warnings

According to Art. 180 Labor Code of the Russian Federation , notification of the employee about the upcoming layoff is carried out by transferring the relevant document with a copy of the order attached in person or by mail 2 months before the immediate dismissal and with the obligatory offer of other vacancies for the entire period until the dismissal.

Sample notification:

LLC "Petrov and K"
Forwarding driver Ivanov A.V.
Date_____

NOTIFICATION.

Dear ________ (full name of the employee), We inform you that on "__"__________ _____ (date) a decision was made to reduce the number of employees of our company due to ______________ (reason for reduction) Order No. ____ dated "__"_______ (date ). In accordance with Article 180 of the Labor Code of the Russian Federation, Petrov and K LLC warns you of the upcoming dismissal on "__"_______ _____ year (date) on the basis of clause 2 of Art. 81 of the Labor Code of the Russian Federation (________reason for staff reduction). In connection with the upcoming dismissal, Petrov and K LLC offers you a transfer to another job in the following positions:

____________ (position) _______rub. (salary)
____________ (position) _______rub. (salary)

If you do not agree to the transfer, you will be fired on "__"_______ _____ year (date). Upon dismissal, you will be provided with compensation established by Article 178 of the Labor Code of the Russian Federation and other norms of the current legislation of the Russian Federation.

General Director M.A. Klyuev.

I have read the notification and offers of employment in the order of transfer to other positions and received the second copy.
________ (employee signature) "___"________ ____ year (date)
_____________________ (employee’s opinion on transfer to another position)

What compensation, benefits and benefits can former employees of the company expect?

The benefit payment schedule and its amounts are regulated Chapter 27 of the Labor Code of the Russian Federation , which indicates the guarantees and compensation due to employees in case of reduction, as well as categories of citizens who have a pre-emptive right to remain at work when the number of employees is reduced.

Day of official dismissal – This is the employee’s last working day. The employer, regardless of the reason for the layoff, is obliged to pay the employee monetary compensation for unused vacation (or vacations), severance pay and other monetary debts, if any.

As for the average earnings, it is calculated taking into account the salary that has already been accrued to the employee, as well as the time that the employee actually worked, including the day of layoff.

How much should they pay upon layoff, what compensation should an employee expect upon layoff?

According to the current Labor Code of the Russian Federation, upon redundancy, an employee has the right to:

Severance pay. Size – average monthly earnings. 2-week salary – for an employee engaged in seasonal work.
Maintaining average monthly earnings until the employee gets a new job (limited for a certain period).
Other payments and compensations in accordance with the employment contract.

How many months or salaries are redundancy benefits paid?

Retention of the employee's average monthly salary until employment
limited to a period of 2 months (under special conditions - up to 3-6 months).

Payment procedure:

Benefit for 1st month: payment is made together with the settlement directly upon dismissal. That is, severance pay “in advance” for the 1st month.
Benefit for 2nd month: payment is made after the full end of the 2nd month after the employee provides a work book without marks of employment for the past period. When an employee is hired, for example, in the middle of the 2nd month, the payment is made according to the period during which the employee was not employed.
Benefit for the 3rd month: the payment is made exclusively in a situation where the employee has not found a job within 3 months after dismissal, provided that he applied to the central employment center (approx. at the place of registration) within 2 weeks after dismissal and was registered in this central employment center. In this case, the Employment Center issues the employee a corresponding certificate, which is presented to the employer to receive benefits for the 3rd month.
Benefit for 3-6th month: payment is made only if the employee worked in the Far North. The payment of benefits for this category of employees is carried out (starting from the 4th month) by the Central Employment Service.

If you were made redundant, you didn’t pay your full salary, sick leave or vacation pay - what to do?

All payments (with the exception of benefits that are paid after dismissal) must be made on the day of dismissal and the employee leaves the company. Withholding payments is illegal. All payments are made in accordance with the employment contract and the legislation of the Russian Federation.

If payments have not been made (or have not been made in full), then the employee has the right to apply to the court to recover the unpaid salary (provided that it should be paid), and compensation for...

Unused vacation.
Unpaid sick leave.
Moral damage.

And also the employee has the right to demand through the court...

Compensation for legal expenses.
Interest for late payment.
Compensation for lost earnings due to a delay in the work book, due to an incorrect entry in it of the reason for dismissal, due to illegal dismissal/transfer.

You can also contact the prosecutor's office with a statement (simultaneously with the application to the court). If the frightened employer still pays the salary (and other required compensation), then you can simply abandon the claim. And the duty on labor disputes falls on the employer.

The limitation period for such applications (Article 392 of the Labor Code of the Russian Federation) is 3 months from the date of dismissal.

Note:

All payments and compensations are calculated according to the official salary. That is, it makes no sense to count on an average monthly severance pay of 30 thousand rubles if your “white” salary is 7,000 rubles, and the rest is paid “in an envelope.”

What to ask your employer when making you redundant - useful tips

The procedure for issuing documents to a dismissed employee must be followed, as well as the layoff procedure - strictly and clearly, regardless of the position and reason for dismissal. Documentation procedure statutory, concerns and correct design employee’s personal card, as well as maintaining accounting logs.

What documents is an employee entitled to issue? (the list includes those documents that the employee may need in the future)?

A work record book (with its proper execution) – even if it is issued at the expense of the employer.
Employment contract (Article 67 of the Labor Code of the Russian Federation) + all copies of additional agreements to it.
Student agreement (Article 200 of the Labor Code of the Russian Federation).
Pension certificate.
Medical book.
Document on education (with a corresponding agreement based on this document).
Certificate of taxes paid.
Certificate of accrued/paid insurance premiums.
Certificate about periods of temporary incapacity for work.
Certificate of income for submission to the employment service.
Copies of orders (Article 62, 84.1 of the Labor Code of the Russian Federation) on hiring, dismissal from work, transfer to another job and other orders (on additional work, work on weekends, certification, etc.). Available upon employee request. A copy of the dismissal order is issued on the day of dismissal without fail (Article 84.1 of the Labor Code of the Russian Federation).
Certificate of period of work with the employer.
Pay slips (Article 136 of the Labor Code of the Russian Federation).
A document on additional insurance contributions for the funded part of the pension + on employer contributions in favor of the insured persons (if they are paid). Issued along with the pay slip (Article 9 of Federal Law-56 dated 30/04/08).
Certificate 2-NDFL (Article 230 of the Tax Code of the Russian Federation). Available upon employee request.
Certificate of average earnings for the last 3 months (clause 2 of article 3 of law No. 1032-1 of 04/19/91). You will need it at the employment service.
A certificate of the amount of earnings for the 2 years that preceded the year of termination of work or the year of applying for this certificate (Articles 4.1 and 4.3 of Federal Law No. 255 dated 12/29/06). It will be needed to calculate temporary disability benefits, maternity leave, child care leave, etc.
Personalized accounting documents, personal information, as well as information about length of service (labor, insurance). Issued upon application by an employee to establish a pension.
Characteristic.

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

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

Basic concepts and terms

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

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

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

Legislation on dismissal due to staff reduction

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

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

Who can be laid off?

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

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

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

Categories of personnel not affected by dismissal due to staff reduction

The reduction in staff does not affect the following categories:

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

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

Also, employees of an enterprise who are on sick leave, regular or maternity leave cannot be fired. True, this can be done with their written consent or upon complete liquidation of the company.

How retirees and part-time workers are laid off

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

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

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

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

Why do employers resort to layoffs?

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

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

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

What rules must an employer follow when reducing staff?

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

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

How staff reduction occurs: step-by-step instructions

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

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

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

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

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

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

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

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

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

Payments to certain categories of personnel

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

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

What will be indicated in the work book

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

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

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

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

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

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

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

Professions at risk

Given the complex economic situation, cuts can affect quite wide range companies and organizations. Doctors and teachers may not fear for their jobs, but many firms will still undergo reorganization.

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

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

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

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