The procedure for laying off an employee. Compensation due to an employee upon redundancy. If the reduction falls on vacation

Domestic companies are having a hard time with the economic crisis, so the optimization of personnel is no longer a rarity.

Some enterprises are simply closed, some are changing their profile of activity, in any case, they all want to receive a stable profit in the changed economic conditions.

And this often leads to forced downsizing. But the dismissal procedure, even in this case, is not so simple, you need step-by-step instructions to help you do everything according to the rules.

In such situations, the company itself initiates the termination of the working relationship, so the dismissed are protected by law and can count on guaranteed compensation.

The stage preceding the downsizing is an analysis of the financial position of the company. Its results should be presented in a report for management, presented by the chief accountant or heads of production departments.

It usually refers to a decrease in profitability, which indicates that the company is incurring additional financial losses. The usual way to minimize them is to review the number of posts. So, let's look at how the procedure for dismissal to reduce staff goes.

Approval of the new staffing table

One of the grounds that makes it possible to terminate employment contracts at the initiative of employers is the adjustment of the staffing table and the corresponding reduction in the staff and number of workers.

Until the moment of reductions, the directorate and the personnel department determine whether only the number of employees will be reduced, or the official staff will also be reformed.

According to the general rules, the new schedule is introduced no earlier than two months from the date of notification of employees whose positions have been reduced.

Notification of the employment service authorities

With a focus on the orders to be issued, several more notifications must be prepared in advance and without fail. The first is for the employment service.

According to the standards prescribed in Article 25 of the Federal Law No. 1032 - 1, first the enterprise is obliged to notify the Employment Center. The document states the intention to reduce some of the employees and that the company needs to find new vacancies for them.

Further, the inspector of the Labor Exchange, focusing on the information received, prepares and transmits a list of proposed jobs in a short time.

It is formed taking into account the qualification data and the salary level of the released employees.

If there were no acceptable vacancies at the time of dismissal, but provided that the person was registered with the Exchange within 14 days from the date of termination of employment, the search for jobs will continue.

At the same time, payment of benefits is guaranteed for another 30 days. In exceptional situations, the allowance is paid for two months.

Trade Union Notice

As soon as an order is issued confirming the optimization of the state, the Trade Union Organization must be notified.

Especially in the case when mass layoffs are planned, and this is at least 5% of the total number of employees.

And also, if representatives or members of the Trade Union Organization itself are fired.

This situation obliges the enterprise to notify the Trade Union 90 days before the start of the reductions, in accordance with Article 82 of the Labor Code of the Russian Federation. In particular cases, the notice period can be reduced to 60 days, it all depends on the financial situation of the enterprise.

Who can and cannot be laid off

First of all, positions as such will be reduced if they are no longer needed by the company due to production reasons.

As soon as a position is selected, the assessment of employees will begin, namely: their qualifications, skills, benefits brought to the company now and in the future. The social position will be considered only if the above indicators are equivalent for several employees. Minor children, dependents, disability, services to the organization are taken into account.

Such a state filtering scheme is based on the preferential right to leave, which is used in optimization on the basis of Article 179 of the Labor Code of the Russian Federation. However, this scheme for assessing the qualifications and other labor skills of an employee is not always used. There are preferential categories, the company's management cannot dismiss them on their own initiative.

Who can't be made redundant? For example, when reducing staff (positions), do not dismiss the following categories:

Pregnant.
Single fathers and mothers, until the child is 14 years old.
Those who are on maternity leave, regardless of gender.
Employees with dependents.

But such benefits do not apply to the disabled and pensioners.

Employee warning

60 days before the reduction, the company's management is obliged to notify employees by handing them the appropriate document.

There is no legally established sample, but there are mandatory conditions regarding the information that is presented in it. This is stipulated in Article 180 of the Labor Code of the Russian Federation.

In fact, the organization not only announces the date of the reductions, but also gives good reasons that prompted the termination of employment contracts.

At the same time, the management offers vacant positions within the enterprise, even if they require lower qualifications or are paid lower.

It must be understood that the employee's refusal to receive such a notification cannot be taken as a reason for the abolition of the state reformation, or the postponement of the date of dismissal. And yet, a document confirming the start of the reduction process is handed over in front of witnesses. In case of refusal to receive, an act is drawn up attached to the described notification.

At the current time, each employee is reliably protected by the Labor Code of Russia and other regulations. This stops the arbitrariness of unscrupulous employers, preventing a hasty dismissal, even if it is justified.

Offer of alternative vacancies

In fact, when minimizing the staff caused by production reasons, the company is obliged to offer each of the employees another vacancy.

Regardless of whether they differ in salary and skill level.

If the downsized employee does not agree to take the proposed position, or the company cannot offer him anything, the employee has 60 days to look for work in another company.

When a suitable vacancy is not found, he is entitled to receive benefits.

Issuance of a notice of dismissal

Focusing on legislative norms, the dismissal of an employee with the reason "staff reduction" becomes real only if all stages of the procedure are followed, each of which is regulated by by-laws.

If one of the stages was skipped, then the dismissed person has the right to decide through the court the issue of recognizing the dismissal as unauthorized. He has exactly a month to do this after he receives the appropriate order in his hands.

On the basis of the above-mentioned report, a decision is made to withdraw part of the posts from the staff, for which appropriate orders are issued.

First of all, an order is issued on the changes made to the state (the basis is an economic analysis of the state of the enterprise).

It must be submitted to employees at least 90 days before the start of the release procedure.

Such an order cannot be classified as an administrative document confirming the termination of the relationship between employees and the organization. But it is the basis for starting such a procedure.

This is followed by the submission of administrative documents on the reduction of staff. This is the next logical step in the process of laying off workers. The documents contain objective information about termination of employment due to layoffs. They are issued no later than 60 days before the termination of employment contracts.

It should be noted that it is not fixed anywhere in law that an order cannot be issued earlier than the agreed time.

This means that it can be formed earlier, but the entire set of documents required to accompany this order is handed over no later than 60 days before the dismissal.

Settlements with employees, payments and compensations

How to properly lay off a layoff worker?

According to the standards of Article 140 of the Labor Code of the Russian Federation, after the termination of the employment contract, the organization undertakes to pay wages to the dismissed and compensate for all vacation days not used by employees.

Due to the reduction of the position, the employee has the right to count on the allowance assigned by Article 178 of the Labor Code of the Russian Federation (in the amount of the average monthly salary).

There are precedents (due to the special conditions prescribed in the collective agreement) that affect the increase in the amount of the allowance, but it still cannot be more than three salaries. Usually these reservations apply to managers, or in companies with unlimited financial reserves.

According to Article 178 of the Labor Code of the Russian Federation, laid-off workers retain the right to receive benefits for the second month if they were unable to find a job and provided a work book without a note about a new position in another place, supported by an application for benefits.

Exceptional conditions suggest that the employee can be paid benefits for the third month, but for this he must have in his hands the relevant certificates from the Employment Center, indicating that there are no suitable vacancies.

When an employee is dismissed, the mandatory payment of benefits lies with the organization, and even after two months after the release, if the former employee provides all supporting documents, the employer also pays the assigned compensation.

Preparation and delivery of work book

Regardless of what was the basis for the dismissal of the employee, the directorate of the organization is obliged to issue a work book to the employee, observing all the norms specified in Article 84.1 of the Labor Code of the Russian Federation.

A considerable number of documents will have to be issued by the personnel officer if the organization is undergoing a procedure for reducing the number or staff. At the same time, there are documents that he will have to draw up in any case, and there are those that are drawn up only in some situations, but also quite often.

Main content of documents

As the theater begins with a hanger, so “organizational” actions begin with an order, on the basis of which reduction measures will be carried out and the necessary documents will be drawn up. The reduction order (and / or staff) must contain the date of the proposed reduction, since the employer is obliged to notify employees who will be affected by this at least two months in advance. Having looked into the resolution of the State Statistics Committee of 01/05/2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment” and making sure that there is no standard form for such an order, we draw it up in any form (see Example 1).

Read about the reduction procedure through the eyes of judges in the article "The procedure for reducing the staff of an organization: judicial practice"

For your information

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Downsizing and downsizing are two different things. When the staff is reduced, the position or profession (for example, driver) is excluded from the staff list. By reducing the number, the personnel officer only reduces the number of staff units that occupy a certain position (or work by profession). At the same time, the position (profession) itself remains (for example, there were five drivers, and after the reduction in their number, two remained).

Therefore, in practice, there may be:

downsizing and downsizing;
downsizing (when only vacancies are excluded from the staff list);
downsizing.

Example 1

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The next step is to draw up notices of the upcoming reduction for employees (see Example 2) and the employment service (see Example 3). Employees should be notified in writing and under a personal signature no later than two months before the planned termination of the employment contract; if the dismissal is massive, then at least three months in advance (Article 180 of the Labor Code of the Russian Federation).

To notify the employment service orders paragraph 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On employment in the Russian Federation". This must also be done no later than two months before the start of the reduction (if the dismissal is massive, then no less than three months), indicating the position, profession, specialty, qualification requirements and conditions for remuneration of workers. Criteria for mass layoffs are determined in industry and (or) territorial agreements. If they are not in the relevant agreements, one should be guided by the Decree of the Government of the Russian Federation of February 5, 1993 No. 99 “On the organization of work to promote employment in conditions of mass release”.

The law does not specify which territorial body should be notified - at the place of registration of laid-off workers or at the location of the employer. However, the Decree of the Moscow City Statistics Committee of May 26, 1997 No. 4 “On Approving the Form of Regional State Statistical Observation” approved the form according to which information on employees laid off in the process of reduction (liquidation of the organization) should be submitted to the employment service at the place of registration of the organization. See Example 3 for filling out the form. In other regions, forms approved by local statistical monitoring bodies are valid. If there is no approved form, the notification can be drawn up in any form (see Example 4).

Example 2

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Example 4

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Since the unemployment benefit for the laid-off worker will be calculated based on the average earnings received by him over the past three months, the employment service requires the provision of a relevant certificate from the place of work. As a sample, you can take the form of a certificate of average earnings, approved by order of the UGSZN of the city of Moscow dated August 10, 2007 No. 172.

Read more about drawing up a certificate of average wages for employment agencies in the article "Issue a certificate for the employment service" on page 44 of magazine No. 9 "2012

On the last working day (aka the day of dismissal), the personnel officer fills out a dismissal order to reduce the number and / or staff in the form No. T-8, approved by the Decree of the State Statistics Committee of Russia dated 05.01.04 No. 1 (Example 5), and makes an entry in the work book (Example 6). The final settlement of wages and other payments due to him on the date of dismissal is carried out with the employee (part 4 of article 84.1 of the Labor Code of the Russian Federation).

Example 5

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Example 6

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What else might be needed

What other documents in some cases will have to be issued by the personnel officer during the reduction? So, if the employee refuses to sign the notice of reduction, an act should be drawn up (see Example 7). This paper is drawn up in the presence of two witnesses and is proof that the employee was notified of the upcoming dismissal.

In addition, if an organization has an elected body of a primary trade union organization (hereinafter referred to as PPO), it is required by law to notify it as well (Example 8). According to Art. 82 of the Labor Code of the Russian Federation, this must also be done no later than two months (in case of mass layoffs of workers - at least three months) before the proposed dismissal.

If the employee being laid off is a member of a trade union, then the notification should be sent to the elected body of the PPO before the issuance of the order and a reasoned opinion should be requested in the manner prescribed by Art. 373 of the Labor Code of the Russian Federation.

In conditions where an employee is simultaneously the head (deputy head) of an elected collegial body of the PPO, an elected collegial body of a trade union organization of a structural unit of an enterprise (not lower than a shop floor and equivalent to them), he can only be dismissed with the prior consent of the relevant higher elected trade union body (Article 374 of the Labor Code of the Russian Federation).

Due to the crisis situation in the country, many employers are forced to face the procedure of reducing the number or staff of employees. At the same time, it is very important to comply with all legal requirements for holding this event, because otherwise administrative fines from the labor inspectorate and litigation with employees are possible. It is better to study in advance how to properly reduce an employee than to deal with the consequences of an illegal dismissal later.

Who to cut?

Article 179 of the Labor Code of the Russian Federation establishes the categories of employees who have the right to preferential retention at work over other employees. And before starting the reduction procedure, it is necessary to carefully analyze the staff, to establish which of them meets the criteria established by this article.

The main criterion established by the Labor Code of the Russian Federation is labor productivity and qualifications. Thus, those who are more skilled and more productive are prioritized to stay at work.

If workers have equal labor productivity, then those with higher qualifications have the preferential right to remain at work. The criteria for evaluating these indicators are not named by law. It is assumed that the qualification is confirmed by documents - documents on education, on professional retraining, on advanced training. As for labor productivity, in most professions it is difficult to name objective criteria for evaluating this indicator. In any case, the comparison and assessment of qualifications and labor productivity is carried out by the employer.

If, when comparing the indicated criteria, it turns out that the employees have the same qualifications and labor productivity, then preference should be given to the employees specified in Part 2 of Article 179 of the Labor Code of the Russian Federation.

Preference is given to:

Employees whose families do not have self-employed employees. If, nevertheless, there are those in the employee's family who receive social benefits, pensions, subsidies, etc., then they are not counted as family members with earnings;
Family workers who have two or more dependents. Dependents are those who receive material assistance from the worker, which is their only source of livelihood, or those who are fully supported by him;
Disabled veterans of the Great Patriotic War and invalids of military operations for the defense of the Fatherland;
Employees who improve their skills in the direction of the employer on the job;
Employees who have received an occupational disease or work injury from this employer.

If all workers belong to one or another of the categories listed, then their benefits are equal and, apparently, preference should be given to those who belong to two or more categories at the same time. If there are no such employees, but someone needs to be laid off, then the employer has the right to give preference to any of these employees, and this decision is unlikely to be challenged in the future.

In a number of federal laws, in addition to the Labor Code of the Russian Federation, the advantage of staying at work is also established for other categories of employees. For example, for the wives of military personnel (Article 10 of the Federal Law "On the Status of Military Personnel"), for persons affected by the Chernobyl accident (Article 14 of the Law of the Russian Federation "On the social protection of citizens exposed to radiation due to the Chernobyl disaster." They, too need to be taken into account.

The Labor Code (part 3, article 179 of the Labor Code of the Russian Federation) provides for the possibility of determining the categories of workers who have an advantage in case of reduction in a collective agreement. Therefore, if such categories are established in the collective agreement, then we should not forget about them.

Offer of vacancies

Part 1 of Article 180 of the Labor Code of the Russian Federation establishes the obligation of the employer to employ workers who will be laid off due to redundancy. Moreover, the employer must offer both a job corresponding to the qualifications and specialty of the employee, and a lower position or lower-paid work that the employee is able to perform taking into account the state of his health (if there are appropriate vacancies).

Moreover, the employer is obliged to offer a vacant position both on the day of notification of the upcoming reduction, and within a two-month period of notice of dismissal (if new vacancies have appeared).

All vacancies that the employer has in the area must be offered. The employer is obliged to offer vacancies in other localities, if it is provided for in the labor or collective agreement.

Reduction Notice

An indispensable condition for the legality of layoffs is to comply with the notice period for dismissal.

So, the employer is obliged to notify the employee of the upcoming dismissal no later than two months before the dismissal (part 2 of article 180 of the Labor Code of the Russian Federation). It is quite possible to notify for a longer period, this will not be a violation of the law. Moreover, each employee must be warned against signature and personally.

At the same time, part 3 of article 180 of the Labor Code of the Russian Federation allows the possibility of terminating an employment contract with a laid-off employee even before the expiration of a two-month period. But this requires the written consent of the employee, and it is also necessary to pay him compensation in the amount of the average monthly earnings in proportion to the time not worked. At the same time, the employee is not deprived of the right to severance pay and other payments in connection with dismissal for reduction.

Downsizing payments

Firstly, on the day of dismissal, the employee must be paid wages for hours worked, compensation for unused vacation, and other amounts due to him.

Secondly, on the day of dismissal, the employer is obliged to pay a one-time severance pay in the amount of the employee's average monthly earnings. Also, the employer for the period of employment of the employee is obliged to pay him the average monthly salary for at least two months from the date of dismissal, but with a severance pay offset (that is, in fact, this is one payment for the second month after dismissal).

If there is a relevant decision of the employment service, then the employer is obliged to pay the employee the average monthly salary for the third month (such a decision is made if the employee was registered as unemployed within fourteen days after dismissal and was not employed by the employment service within two months after dismissal).

Thirdly, on the day of dismissal, compensation is paid in connection with the termination of the employment contract before the expiration of the two-month notice period for the reduction, which was discussed above.

Video

The video contains useful information about layoffs.

Sometimes the reason for the dismissal of one or more employees of the 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 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 to optimize the composition of the staff and the staffing structure. 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, one should decide on the main concepts:

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

This means that the reduction in staff is accompanied not only by a decrease in the number of employees with the same responsibilities, but also by the dismissal of all employees performing specific labor functions. Returning to the example above, all five architects will be fired when the staff is reduced. Perhaps it is more profitable for the enterprise not to keep these employees on the staff, but to hire them from time to time to perform a separate task (outsourcing).

Layoff legislation due to downsizing

The legal aspects accompanying the rupture of labor relations due to changes in the staffing structure are regulated by the Labor Code of the Russian Federation. The reduction of the staff (due to the liquidation of the organization or the change of its owner) is considered 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 dismissal of employees:

Who can be made redundant

The decision on which the reduction in 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 who enjoy certain benefits.

When considering candidates for employees to be dismissed, the head is obliged to comply with the rule set forth 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 rates. The practical implementation of this rule is often associated with an assessment of the experience and seniority of employees. It is assumed that those of them who have worked at the enterprise recently are of the least value for the team.

To assess the significance of an employee, the result of the qualification exam, his education and the level of performance for the previous period are also of great importance. This means that when comparing two employees holding the same position, preference will be given to the one who has a higher education. His colleagues, who have received secondary special education, are likely to be laid off.

Categories of personnel that are not affected by dismissal due to staff reduction

The reduction in the number of employees does not affect the following categories:

Parents of children with a disability status.
Mothers and fathers raising children on their own (singles).
Parents of large families until the youngest child is 14 years old.
Citizens who are the sole breadwinners of their families.
Workers who have been injured or ill as a result of their employment with the company.
Disabled people who suffered as a result of wars, the Chernobyl disaster or the Semipalatinsk tests.
Employees of the company with awards (Hero of the USSR, holder of the Order of Glory) or the title of inventor.
Employees who combine the performance of their labor functions with training.

The redundancy does not affect those employees who are members of a trade union or act as elected representatives of the work team and take part in negotiations with the company's management.

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

How to reduce pensioners and part-time workers

The Labor Code of the Russian Federation (Article 3) contains a ban on the manifestation of age discrimination by an employer. Most often this applies to employees who have reached retirement age and continue to perform their job duties. If necessary, they will also be affected by layoffs, but it is against the law to use their social status as grounds for dismissal.

Taking into account the experience and qualifications of pensioners, on the contrary, they 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 legislation does not establish whether he 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 size remains with the employer.

Why do employers resort to layoffs?

The state allows the heads of enterprises to independently decide on the need to reduce staff or the number of personnel. However, in case of disputes, the economic feasibility of these measures can be checked by the judicial authorities.

This condition imposes on the employer the obligation to inform his subordinates about why the reduction in the staff is being carried out. This information is set out in the relevant order and may be associated with the following factors:

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

What rules should an employer follow when laying off staff?

The forced layoff procedure can significantly affect the well-being of those employees who are subject to redundancy. Far from always they have the opportunity to find a job with the same conditions as in this enterprise. For this reason, the state dictates to managers certain conditions, the observance of which to a certain extent protects the interests of laid-off workers:

In the event that the company's management "forgets" to inform the employment service of their intentions, in addition to fines, the court may oblige them to pay wages to employees for forced absenteeism.

How the downsizing happens: step by step instructions

Any head of a company or organization, when planning and carrying out measures to reduce staff, must know and comply with all legislative norms and requirements. Ignoring or unintentionally breaking one or more rules can lead to quite serious consequences: a fine or a trial.

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

In the event that the employee does not agree to the transfer and continuation of cooperation with the company, the last in the list of required documents is the order to dismiss him. The unified form T-8 is recognized as common for this document.

How a redundancy termination ends: vacation pay, severance pay

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

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

Salary accrued for the last worked period.
Compensation payments for unused vacation (if any).
Special payments for downsizing (severance pay). Their size is often equal to the average wage, but may 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 registered at the labor exchange, but cannot find a job. Its size is set at the level of the average salary, but it does not take into account the amount that has already been issued.

In the event that an employee wishes to quit earlier than the deadline set by the employer, he must be paid the money accrued for the unfinished time. That is, in fact, in any case, he will be paid a two-month period between the announcement of the reduction and the date on which this procedure is scheduled.

Payments to certain categories of personnel

The procedure for reducing some workers is slightly different from the one outlined above. This is due to the non-standard nature of their work functions or special circumstances:

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

What will be indicated in the work book

According to Art. 81 of the Labor Code, the reduction in staff is indicated as the basis for terminating the employment contract in the employee's work book. It is issued on the day of dismissal along with the accrued amount of money. When they are received, the former employee of the enterprise signs several documents (personal card, book of accounting for the movement of work books, insert).

The record that the employment contract has been terminated is certified by the signature of the employee of the personnel department (who maintains work books) and the dismissed employee, as well as the seal of the head.

What should be the behavior of the employee during the reduction

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

Make inquiries about the list of persons who are not entitled to be fired and find out if he falls into this category. In the event that they discover any factor that gives them the right to privileges or benefits, this should be stated in a letter and transferred to the head. The best option is to write a letter in two copies. One of them is given to the management with a request to mark the receipt on the second. This will be useful evidence in favor of the employee if the case goes to court.
Make demands regarding an alternative place of work in this enterprise. The employee does not have to agree to the offer, but the employer's written refusal to provide vacancies can also be the basis for canceling the decision to reduce.
To receive additional payments, you must register with the employment service within a period of no more than two weeks after the reduction in staff was carried out. The Labor Code of the Russian Federation specifies this period. Then the worker is entitled to a two-month allowance (average wage) if he fails to find a new job.

The most important aspect is that an employee should not write a letter of resignation himself after he becomes aware of the upcoming reduction.

Also, do not succumb to the persuasion of the boss and compromise, because dismissal by agreement of the parties does not provide for the payment of severance pay.

Professions at risk

Given the difficult economic situation, cuts can affect a fairly wide range of companies and organizations. Doctors and teachers may not be afraid 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 industry.
Librarians.
Postal employees.
Mosgostrans employees.
Reduction of 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 on their own initiative. Without waiting for the reduction, they will master new relevant professions or seek application for their talents in other countries.

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

Headcount optimization

To begin with, it is necessary to understand the main theoretical issues that are affected by the reduction procedure.

Understand the difference between downsizing and downsizing. So, the number of employees is the entire payroll of employees of a particular enterprise. If we are talking about a reduction in the number of employees, then the number of employees in a certain position decreases. For example, it is necessary that there are two engineers in the enterprise instead of the current ten.

It is customary to refer to the staff of employees all employees of the managerial and administrative level at a particular enterprise. When reducing staff, the same positions or employees of the entire reduced unit should be excluded from the staffing table. When it comes to reducing a certain staff unit, not one employee is fired, but everyone who, according to the staffing table, performs work in a certain position.

Legislative grounds

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

To start the dismissal procedure on this basis, you need to 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 a reduction.

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

In accordance with the By the decision of the Constitutional Court of the Russian Federation, dated December 18, 2007, serial number 867, not a single employer is obliged to somehow 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 deciding on the complaint of a dismissed employee, cannot decide whether it was necessary to reduce staff. For example, the court is authorized only to resolve the situation on the legality of the dismissal procedure. In practice, there are often cases when in court the employer still has to argue his decision and refer to certain documentation of the organization.

Employee redundancy payments

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

In the event that the employee to be reduced has read the document, but categorically refuses to sign under it, a special document must be drawn up that reflects this fact.

During the time from acquaintance to dismissal, the employee should be offered other vacant 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 the termination is the final settlement with the employee.

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? 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 earnings per month, taking into account additional deductions.

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

The amounts due to the employee as a severance pay, on the basis of paragraph 3 of paragraph 217 of Article 217 of the Labor Code of the Russian Federation, are not taxed, except for the case when the amounts of payments exceed 3-month 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 billing period is 12 calendar months preceding the day of dismissal. When the average amount is displayed, the entire earnings of a person are taken into account based on how much was actually accrued to him.

In the amount of average earnings must be taken into account:

Premium and bonus payments, remuneration. No more than one type of additional remuneration for one 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 they were not;
Remuneration at the end of the year, in connection with the length of service, length of service, etc.;
Other payments included in the amount of monthly earnings.

The main rule of action to withdraw the amount of average earnings: it should not be lower than the subsistence minimum threshold established in the country on the day of dismissal.

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

The following periods are not taken into account in the calculation of the average monthly earnings:

when the employee did not receive the entire amount worked out, but only the average wage for his labor (such periods cannot include the time when a woman, in accordance with the Labor Code of the Russian Federation, can leave her workplace to feed her child);
sick leave time, as well as social leave provided in connection with the state of pregnancy and childbirth;
when the employee was not at the workplace due to circumstances beyond his control;
when the strike took place (the employee did not participate, but could not work);
additional time provided to a person for the care of a disabled child;
time when the employee for some other reason was not at his workplace.

Earnings include all payments from the employer, including bonuses, in-kind products, and other payments.

Compensation

Severance pay is not the only amount that 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 ahead of schedule, then 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 notification. Those. if the dismissed employee, after notification, worked 5 days (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 before the end of the notification period in the event that the employer agrees to release him in advance. Also, be sure to make sure that you are paid earnings for the time worked at the company, as well as unused vacation (if it really was not used).

Second and third month

If you are on a redundant or redundant layoff, then know that you have the right to keep your average earnings for two consecutive months after the day you were officially fired. This rule is valid until the moment of official employment, but no more than two months after dismissal. Thus, the 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 applied for employment at the Employment Center within two weeks after the dismissal, then he can count on one more month of subsidies from the former employer (in case he did not find a job).

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

Pensioners

For persons who have reached retirement age and have been laid off, the Labor Code in 2019 does not provide for any special features on payments.

So, a retired pensioner can count on:

The severance pay, which is equal to the average earnings for the month. If the local regulatory act of the employer provides for a slightly larger amount, then the pensioner should receive exactly this amount.
Compensation of average earnings for two (three) months while looking for a new job.

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

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

How to get a?

Registration

Based on current legislation, all settlements with the employee regarding wages for hours worked and severance pay must be processed and made on the last day of work of the employee who fell under the downsizing. At the same time, before that 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 the amounts due in the next two (three) calendar months after the dismissal, at the end of the month during which the dismissed employee did not find a new job, contact the former employer for settlement.

In this case, the employee must confirm his words with documents (provide a certificate from the Employment Center, demonstrate a work book). Only after that, the employee of the settlement department can proceed with the processing of payments. If such documents are not provided, then no compensation is provided.

Where are they paid?

All payments due to an employee who has fallen under the reduction are paid by the employer at the place of the employee's previous job.

So, if it is necessary to compensate for the time spent looking for a new job within two calendar months after the dismissal, then it is necessary to apply with the relevant documents to the department dealing with payments at the previous place of work, from where the person was dismissed.

If it is necessary to make payments for the third month, then you need to contact the same employer, but you should have a certificate from the Employment Center with you. In the modern world, it is very important to know your rights, especially if they affect the sphere of labor relations, as employers often take advantage of the illiteracy of their employees. If you are laid off and do not 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 making a layoff, as well as indicate what payments and rewards you can expect.