Carrying out a reduction in the number or staff of employees requires the execution of a large number of papers, many of which are drawn up in any form. But their correct and timely execution will minimize the claims of employees, for example, regarding the fact that the employer did not give them a warning about the reduction in time and did not offer available vacancies. And even if they complain to the labor inspectorate or the court, these documents will help the employer prove their case.

What documents need to be completed and when?

STEP 1. Making a decision to reduce

To do this, you need to issue an order:

• <или>about changing staffing if some positions are completely excluded from it (staff reduction);
• <или>on the reduction in the number of employees, if the number of employees decreases in all or some positions (reduction in the number of employees).

But often these events are held simultaneously, then everything is combined in one order. By the same order, it makes sense to approve a commission from among the employees of the organization that will deal with:

• compiling a list of employees to be laid off;
• selection of vacancies for those laid off;
• giving them notifications of the upcoming reduction.

Here is an example of such an order.

ORDER No. 11

Moscow

On changing the staffing table and reducing the number of employees

In connection with the closure of the store at the address: 1st Pryadilnaya Street, 3,

I ORDER:

1. Make a change to the staffing table of 02/01/2010, excluding the following staff positions from it:
- merchandiser - 1 item;
- marketer - 1 unit

2. Reduce the number of employees in the following positions:
- sales manager - for 1 unit;
- seller - for 2 units.

3. Changes to the staffing table from 02/01/2010 come into force from 06/01/2013.

4. To carry out measures to reduce the staff and number of employees, form a commission consisting of:
- chairman of the commission I.N. Belousova - personnel inspector;
- Commission members:
- O.I. Vasilyeva - accountant;
- I.I. Kovaleva - sales manager.

5. Charge Commission:
- prepare a list of employees to be laid off;
- prepare notifications for territorial authority employment about the upcoming reduction;
- prepare proposals for providing the laid-off workers with other work, taking into account existing vacancies;
- notify employees of the upcoming termination of employment contracts and the rights and guarantees granted to them in connection with this.

6. To impose control over the implementation of this order on the chairman of the commission I.N. Belousov.

STEP 2. We send a notification to the employment agency

Attention

The employer notifies the employment authority no later than 2 weeks before the employee's dismissal.

It is necessary to notify the employment authority of the reduction, even if you are reducing only one employee. The notice must be sent before the expected date of dismissal of the employee in Art. 82 of the Labor Code of the Russian Federation; paragraph 2 of Art. 25 of the Law of 19.04.91 No. 1032-1:

• <если>the reduction will not lead to mass layoffs - no later than 2 months;
• <если>the reduction will lead to mass dismissal - no later than 3 months.

There is no approved notification form. You can compose it like this.

Limited Liability Company "Rassvet"

129111, Moscow,
st. Khalturinskaya, 11,
building 1, tel.: 1111111

Head
employment center
Eastern Administrative
districts of Moscow

Ref. No. 18 dated 03/27/2013

NOTIFICATION

We hereby inform you about the dismissal on May 31, 2013 on the grounds provided for in paragraph 2 of part 1 of Art. 81 Labor Code RF (reduction in the number or staff of employees), the following employees of Rassvet LLC:

Reason: order dated 03/25/2013 No. 11

STEP 3. We give the notice to the employee

Each laid-off employee must be warned of the upcoming dismissal in writing and against signature. Notice must be given:

• <или>not later than 7 calendar days, if this is a seasonal worker Art. 296 of the Labor Code of the Russian Federation;
• <или>not later than 3 calendar days, if an employment contract is concluded with the employee for a period of up to 2 months in Art. 292 of the Labor Code of the Russian Federation;
• <или>not later than 2 months - to all other employees m Art. 180 of the Labor Code of the Russian Federation.

TELLING THE MANAGER

To do not violate the deadlines for notifying the employment authority, it is necessary to determine whether there will be a massive layoff. To do this, you need to look into the sectoral, territorial or regional agreement between trade unions and employers and Art. 82 of the Labor Code of the Russian Federation.
If the agreements do not say anything about this, then mass dismissal is considered to be redundant. clause 1 of the Regulation, approved. Decree of the Government of 05.02.93 No. 99:

• <или>50 or more people in 30 days;
• <или>200 or more people in 60 days;
• <или>500 or more people in 90 days.

In this notice, any employee being laid off (including seasonal and temporary) must be offered suitable job in your organization in the same locality, if it exists at the time of delivery of the notice. I am considered suitable Art. 81 of the Labor Code of the Russian Federation:

• <или>vacant position (job) corresponding to the qualifications of the employee and the state of health;
• <или>a vacant lower position (lower paid job) that an employee can perform taking into account qualifications and health status.

The employer is obliged to offer vacancies in other localities only if it is provided for by agreements, collective or labor contracts. Art. 81 of the Labor Code of the Russian Federation.

If suitable vacancies appear in the period from the day the employee was warned to the day he is fired, then they must also be offered to him.

The notice of the upcoming reduction must be drawn up in two copies, one of which is handed to the employee, and the other with his signature on receipt of the notice is stored in the employee's personal file.

Limited Liability Company "Rassvet"

Seller Abramova Olga Nikolaevna

NOTIFICATION

Dear Olga Nikolaevna,

in accordance with Art. 180 of the Labor Code of the Russian Federation, we inform you that in connection with the ongoing reduction in the number of employees on the basis of an order CEO Rassvet LLC dated March 25, 2013 No. 11 “On changing the staffing table and reducing the number of employees”, the position of the seller you occupy is subject to reduction from 06/01/2013.

We offer you a transfer to another job as a storekeeper with a salary of 10,000 rubles. There are currently no other suitable vacancies in our organization. We inform you that if you refuse to transfer to the job of a storekeeper offered to you, as well as if you refuse to transfer to other vacant positions (works) that will be offered to you, if any, in the period up to 05/31/2013, taking into account your qualifications and health status, the employment contract with you will be terminated on May 31, 2013 according to clause 2, part 1, art. 81 of the Labor Code of the Russian Federation (reduction in the number or staff of employees of the organization).

Upon dismissal in accordance with paragraph 2 of Art. 81 of the Labor Code Russian Federation You will be paid a severance pay in the amount of your average monthly earnings, and your average monthly earnings will be kept for the period of employment in accordance with Art. 178 of the Labor Code of the Russian Federation, but not more than 2 months from the date of dismissal (including severance pay). Within the 3rd month from the date of dismissal, the average salary will be paid by decision of the employment service authority, provided that you contact this authority within two weeks after dismissal and will not be employed by it.

With the consent of the employee to the transfer articles 66, 72, 72.1 of the Labor Code of the Russian Federation; clause 4 of the Rules, approved. Decree of the Government of April 16, 2003 No. 225:

• draw up an additional agreement to his employment contract on transferring to another permanent job;
• issue an order to transfer an employee to another job. As a basis, you can take a unified form No. T-5 or T-5a;
• make an entry about the transfer in the work book of the employee;
• reflect information about the transfer in the section "Employment and transfers to another job" of the employee's personal card, where he must sign.

If at the time of delivery of the notification to the employee in the organization there are no suitable vacancies, then the following is indicated in the notification instead of a proposal for a transfer.

We would like to inform you that Rassvet LLC is currently absent vacancies corresponding to your qualifications, and lower paid positions, work on which you can perform, taking into account your qualifications and state of health. If such vacancies appear in the Company until May 31, 2013, they will be offered to you in writing.

STEP 4. We draw up an agreement on early dismissal

If the employee does not object, then the employment contract with him can be terminated before the expiration of the term of the notice of dismissal with the payment of additional compensation. Art. 180 of the Labor Code of the Russian Federation.

You can make an agreement like this.

Agreement on termination of the employment contract before the expiration of the notice of dismissal due to a reduction in the number of employees

Moscow

Rassvet Limited Liability Company, hereinafter referred to as the Employer, represented by General Director Aleksey Ivanovich Ponomarev, acting on the basis of the Charter, on the one hand, and Polina Ivanovna Ivanova, who holds the position of a seller, hereinafter referred to as the Worker, on the other The parties have entered into an agreement as follows.

In connection with the ongoing reduction in the number and staff of employees (Order of the General Director of Rassvet LLC dated March 25, 2013 No. 11), the staff unit occupied by the Employee as a seller is subject to reduction from June 1, 2013, of which the Employee was notified in writing against signature on March 29, 2013.

The parties agreed to terminate on 04/01/2013 the employment contract between the Employer and the Employee dated 03/01/2010 No. 10 TD.

Upon dismissal in accordance with paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation The employee will be paid a severance pay in the amount of the average monthly earnings, the average monthly earnings will be kept for the period of employment in accordance with Art. 178 of the Labor Code of the Russian Federation, as well as paid additional compensation for dismissal before the expiration of the notice of dismissal in the amount of two average monthly earnings (Article 180 of the Labor Code of the Russian Federation).

Note that the employer early dismissal downsizing is not always beneficial. After all, if during the warning period you cannot provide the employee being reduced with work for economic, technological or organizational reasons, then you can issue a simple Art. 72.2 of the Labor Code of the Russian Federation. And he, in the absence of the fault of the employer, is paid in the amount of 2/3 of the salary or tariff rate and Art. 157 Labor Code of the Russian Federation.

And additional compensation for early dismissal is calculated based on average earnings, and it is usually more than salary or tariff rate, which the employee will receive for work during the warning period.

STEP 5. We draw up an order for the dismissal of laid-off workers

As a basis, you can take a unified form No. T-8 or T-8a.

The order must be made no later than the day of dismissal.

Do not forget to familiarize the employee with this order against signature. And if he refuses, make a note about this on the order (for example, “Refused to get acquainted with the order against signature”) Art. 84.1 of the Labor Code of the Russian Federation.

STEP 6. We draw up a record of dismissal in the work book and the employee's personal card

On the day of dismissal, the employee must be given a work book with a record of dismissal and Art. 84.1 of the Labor Code of the Russian Federation.

The reason and date of dismissal, as well as the date and number of the dismissal order, must be reflected in the final section of the employee's personal card, where he must also sign.

If the organization has a union

In this case, it is additionally necessary:

• notify the union of the redundancy within the same time frame and in the same form as the employment agency (see step 2), even if the layoffs are non-union workers. Be sure to record the date the union received this notice, as it is not possible to begin warning employees of layoffs (see step 3) before this date. Art. 82 of the Labor Code of the Russian Federation;
• send to the trade union a draft order for dismissal due to reduction, if the employee is a member of a trade union or is a member of a labor dispute committee, attaching a copy of the order to change the staffing table or reduce the number (see step 1) articles 82, 171 of the Labor Code of the Russian Federation. In order to have time to dismiss such an employee, you have a month (excluding periods of temporary disability of the employee, his stay on vacation and other periods of absence of the employee, when he retains his place of work (position)) from the date of receipt of the opinion of the trade union committee Art. 373 of the Labor Code of the Russian Federation. And it will take you a maximum of 10 working days to get his opinion. Art. 373 of the Labor Code of the Russian Federation:

7 working days from the date of receipt of the draft order are given to the trade union so that it can express its opinion in writing;

3 working days should be allowed for joint consultations with the trade union if it does not agree with the dismissal of the employee. Their results must be documented.

That is, the draft order must be sent to the trade union committee no earlier than a month and no later than 10 working days before the scheduled date of dismissal of the reduced employee. Art. 373 of the Labor Code of the Russian Federation.

Note that the presence of objections from the trade union and the failure to reach agreement during joint consultations does not prevent the dismissal of an employee - a member of the trade union. However, such a dismissal by an employee or trade union within 10 days can be appealed to the labor inspectorate, which, if the dismissal is recognized as illegal, can reinstate the dismissed employee at work with payment for forced absenteeism. Art. 373 of the Labor Code of the Russian Federation.

Compliance with the above procedure for dismissal is one of the guarantees against the possible reinstatement of the employee at work and the fine of the labor inspectorate on formal grounds, that is, simply due to the absence of one or another piece of paper or its defect.

The head of the organization independently decides on the reduction procedure to optimize the work of the enterprise. The director of the company must notify the supervisory authorities of his intention to dismiss a part of the employee. To do this, the employment center and the trade union are notified of the reduction in staff by sending the appropriate document, which must be drawn up in accordance with the norms established at the legislative level.

Union Notice

The current legislation, namely, obliges all employers to send a notice to the trade union organization about the upcoming reduction in staff, if any. This must be done within the time limit established by law:

• 2 months before dismissal in a particular case;
• 3 months before the termination of employment relations in case of mass dismissal of employees.

For this, a special notice is drawn up. It does not have a unified model, which gives the head of the organization the right to draw it up in any form. An exception is situations when the organization has developed a single form that is mandatory for use. The document must contain information:

• about the exact and full name of the enterprise;
• about TIN, KPP, OKPO and the legal address of the company;
• about the full name of the chairman of the trade union organization in whose name the notification is drawn up;
• about the exact name of the document - "Notice of the reduction of staff";
• about the place (city) in which the document is drawn up;
• O exact date drafting a document;
• about the upcoming staff reduction with reference to Art. 81 Labor Code of Russia;
• about positions that are subject to reduction. This information should be presented in the form of a table. It should indicate; Full name, position, division and salary of each employee who falls under the reduction;
• on the grounds for carrying out the procedure for terminating employment contracts - an order from the head (the exact details of the document are indicated - the number and date of compilation).

At the end of the document must be the signature of the head of the organization with a transcript, without which the notification has no legal force.

The document is sent to the trade union organization using registered letter with notice.

It is important to know! After receiving the notification, the trade union within 7 days must make a final decision and give its consent (not consent) to the dismissal of these employees. It is worth considering that citizens who are members of a trade union and make regular contributions can only be dismissed if they have the appropriate permission.

Central lock notification

Also, when carrying out a reduction, the head is obliged to notify the Employment Center about this - 2 months in advance for a normal dismissal and 3 for a mass one.

It is important to know! If the reduction of employees is carried out by the individual entrepreneur, then the notice period for the central office is reduced and is 2 weeks before the actual termination of employment contracts with employees.

This procedure is necessary for the timely updating of statistics on employment of the working-age population, as well as for identifying the level of unemployment in a particular region of the country and everywhere.

The current legislation has not approved a single form of the document, so it can be drawn up in any form. The main requirement is the complete absence of errors, blots, typos or inaccurate information. Otherwise, the document will not be accepted, which may lead to missed deadlines and subsequent prosecution of the head of the organization. The document must contain information:

• on the exact details of the organization, including the full name, legal address, PSRN, TIN and KPP;
• the full name of the person in whose name the document is being submitted;
• about the name of the document - "Notice of staff reduction";
• about the number assigned, the document assigned during registration, and the exact date of its compilation;
• about the upcoming reduction in staff with reference to the relevant law of the Labor Code and the order on the basis of which the dismissal will be made;
• on the date of the planned termination of cooperation. Further, the head of the organization must present in the form of a table a complete list of citizens subject to dismissal. The table should contain information about the full name of employees, position, profession, skill level and salary.

It is important to know! table with complete list employees being made redundant must be included as an attachment to the notice.

At the end of the document, there should be a decree on the position of the head of the organization, as well as his signature with a transcript. The document is sent by mail using registered mail with acknowledgment of receipt or handed over in person.

Liability for failure to notify

If the head of the organization ignores the requirement of the current legislation on the need to inform the employees of the trade union organization or the Central Assembly about the reduction, then he may be held administratively liable in accordance with Art. 5.27 of the Code of Administrative Offenses of Russia. In this situation, a fine of 5 tr. for individual entrepreneurs and 50 tr. for the enterprise. The amount of the fine increases several times if the regulatory body records a repeated violation of the current legislation. In addition, in judicial order the dismissal may be declared invalid, which will allow the employee to be reinstated and receive compensation in the amount of earnings for all the days that he missed due to the fault of the head of the organization.

The procedure for reducing the number of employees requires strict adherence to the norms provided for current legislation. Including the leader is obliged to carry out in advance the notification of the trade union organization and the Central Assembly of the upcoming reduction. At the same time, it is necessary to comply with all deadlines, which may vary depending on the number of dismissed employees. Otherwise, the employer may be held liable, followed by a fine.

From this article you will learn:

The economic realities today are such that a number of enterprises and organizations have planned staff reductions in 2017 as one of the ways to optimize their own costs. The process of dismissal of a large number of employees at the initiative of the employer always attracts the attention of regulatory authorities. Even the slightest deviation from the procedure for layoffs prescribed by labor legislation is fraught with lawsuits from dissatisfied former employees and penalties.

The process of dismissal is always accompanied by conflicts. The personnel service needs to know and strictly follow all the stages of the reduction of staff according to the Labor Code. And also do not forget that the state provides the dismissed employees with a number of guarantees, the implementation of which is redirected to employers. Let's consider how to properly prepare and carry out this complex procedure and describe in detail the algorithm for dismissal to reduce staff.

What is downsizing

Despite the fact that the labor legislation contains the wording “ reduction in the number or staff of employees”, It should be noted that these processes are somewhat different from each other. And they can be carried out both simultaneously and independently of each other. What is the fundamental difference, because layoffs are inevitable in any case?

Dismissal to reduce staff: step by step instructions

The detailed procedure for layoffs due to staff reductions is not spelled out in labor legislation. But from the provisions of the Labor Code of the Russian Federation, as well as a number of by-laws and generalizations judicial practice it is possible to draw up an algorithm of actions and documents accompanying them. Here's what a redundancy layoff should look like in a step-by-step guide:

Deciding to proceed with the procedure economic justification its expediency. This is a preliminary stage that does not require the publication of official documents. But this must be done in advance, because the dismissal process is quite lengthy.

Drawing up a new staffing table or making corrections to an existing one. It is the new document, reflecting the changed structure of the organization, with a decrease in the number of staff positions or the exclusion of posts, that confirms that the reduction actually took place.

Issuance of orders on the approval of the new staffing table and the beginning of the reduction procedure. Moreover, in the second it is necessary to indicate the reason for the reduction and those positions that fall under it. Order about job descriptions according to the new schedule can be postponed until the reduction is completed.

Select the employees to be fired. This is done taking into account the provisions of the Labor Code on the preferential right to stay at work for certain categories of employees.

Notify employees of upcoming layoffs. This is only done in writing.

Send information about the reduction to the trade union and the employment service.

Offer vacancies to laid-off workers, provided that they really are. It is not necessary to create new places just for the sake of saving the state.

Issue an order or order to dismiss. It is most convenient to use the order to reduce the number and staff, a sample of which is given in the album of unified forms (form T-8 or T-a).

1. Who can't be cut

   Despite the fact that the employer has the right to decide on the number of personnel and its optimization, labor law establishes a number of restrictions on the dismissal of certain employees. An unconditional ban concerns the reduction of a pregnant woman during a reduction in staff (Article 261 of the Labor Code of the Russian Federation). Until the end of all maternity leave, that is, until her child reaches the age of 3 years, such an employee can be fired only in two cases:

   • upon liquidation of the entire organization;
   • if it is impossible to transfer a woman to the work shown to her in connection with her condition.

   The dismissal of a single mother due to staff reduction is also not allowed. If her child is healthy, then this rule is valid until his 14th birthday. For children with disabilities, the protection of the mother from reduction is valid until the age of 18. The same right applies to single fathers. The employer has no right to reduce them.

   The reduction of underage employees is allowed only in agreement with the GIT and the commission for the protection of the rights of minors (Article 2969 of the Labor Code of the Russian Federation). This should be remembered when planning a layoff.

   After those employees who are not subject to dismissal due to redundancy are excluded from the list, it must be taken into account that the remaining ones may have a pre-emptive right to stay at work in case of redundancy. Art. 179 of the Labor Code of the Russian Federation allows the employer to give preference to those employees who have more highly qualified or performance. But sometimes they turn out to be approximately equal for several at once.

   Downsizing order

   The main document that launches the reduction procedure is the order of the head. More precisely, the order to reduce the number of staff, a sample of which is presented in the article. The law does not establish strict requirements for the content of this document. But in addition to the required details, it must contain the following information:

   • the reasons for the need for the procedure;
   • the period during which the reduction will take place;
   • those positions in the staffing table that will be excluded or the number of staff positions that are to be reduced;
   • responsible for passing all stages.

   The same order may also approve a new staffing table. An order is issued in advance, not less than 2 months before the introduction of the new staffing table. This is a requirement of the law (Article 180 of the Labor Code of the Russian Federation). The countdown does not begin on the day when the order was signed, but only from the next.

   For the entire period until the dismissal, the old version of the staffing table and other internal documents of the organization, including the PWTR and the collective agreement, are valid. All employees, whether they are laid off or not, receive the same salary as specified in their terms and conditions. employment contract. The position will also remain for each of the warriors until his dismissal or the introduction of a new staffing table.

   It is necessary to familiarize the whole team with the order. To do this, it is not enough to post the text of the document on the information board or send it to departments. Signatures of employees about acquaintance with the order are collected on a signature sheet with the date indicated. Acts are drawn up on refusal to confirm the reading of the document. In the future, this may protect the employer from the charge of late issuance of the order.

   Downsizing Notice

   Acquaintance with the order, albeit against signature, is not enough to formalize the dismissal. Every employee labor Relations who is to be terminated must receive a redundancy notice. This is an official written document, for the direction of which the employer has a strict deadline - 2 months or more until the moment of dismissal. Violation of this condition will lead to the recognition of the termination of the employment contract as unlawful. An exception is a shortened period for employees under a short-term contract (3 days) or seasonal employees (1 week).

   Guarantees for employees in case of staff reduction

   There is no fault of the employees in the employer's decision to lay off.

   Therefore, he is obliged to compensate for all the inconvenience that his actions will cause to the dismissed employees. The minimum amount of guarantees and the amount of compensation in case of dismissal due to staff reduction are established by the labor code. On its own initiative or under the terms of a collective agreement, management can increase them.

   Union Notice of Retrenchment

   As a rule, layoffs for redundancy affect a large number of workers. To protect them labor rights the law obliges the employer to notify the imminent release work force employment service. This is done in the same time frame as the notification of employees. And if you plan to fire more than 50 people, then in three months. This term government agency should be enough to prepare employment programs for former employees of the company who applied to them.

   The second body that received information about the reduction should be the trade union committee of the organization. Provided it was created. For familiarization, the trade union is given a copy of the reduction order, draft orders for dismissal and a new staffing table. This stage is mandatory and an attempt to avoid it may lead to the recognition of the dismissal of individual employees as illegal.

   The primary organization is interested, first of all, in protecting the interests of trade union members. It is they who can challenge the decision to reduce if, during the trade union, draft orders were not sent for review to the trade union committee. But workers who are not members of a trade union have the right to apply to this body for protection. For example, in case of violation of the pre-emptive right to stay at work.

   The trade union has 7 working days to present its reasoned opinion. For its adoption, more than half of all elected members of the trade union committee must be present at the discussion. The opinion is expressed in writing, the position of the trade union committee is substantiated.

   In case of disagreement of the trade union with the upcoming dismissal of employees, the employer has two ways:

   • continue the procedure at the risk of provoking a collective labor dispute;
   • refuse to reduce and introduce a part-time day to save the team (Article 74 of the Labor Code of the Russian Federation).

   Transfer of employees to the proposed vacancies in case of staff reduction

   One of the conditions for dismissal to reduce staff, the law calls the provision of employees with the possibility of transfer. To do this, the employer is obliged to select unfilled vacancies from the staff list and offer them to those employees who are to be fired. If there are none, then the employer will not be able to fulfill his obligation, but this is not a violation of the law.

   It is best to offer vacancies in writing. In the future, this will serve as evidence of the employer's good faith in the event of a litigation. It should be based on the qualifications and specialty of the employee. Offering inappropriate positions would be against the law. But the salary level new position may be lower, it is acceptable.

   The employee has the choice to refuse the offer or accept it. He must express his consent in writing. Either in the form of a resolution on the proposal of the employer, or in the form of a transfer application. The consent of the employee to his own translation is an indispensable requirement of the law (Article 72 of the Labor Code of the Russian Federation).

   Registration of dismissal of laid-off employees

   Registration of dismissal involves the creation of a number of documents. First of all, this is a dismissal order for staff reduction, a sample of which is given below. Using a unified form T-8 or T-8a will facilitate the creation administrative document and will avoid mistakes in its preparation. Since 2013, the obligatory use of these particular forms has been canceled, so if necessary, you can make your own version.

   In the order, the reason for dismissal indicates precisely the reduction in the number or staff. The same entry with reference to paragraph 2 of Art. 81 and paragraph 4 of Art. 77 of the Labor Code of the Russian Federation is also mandatory when filling out a work book and a T-2 card.

   A work book with a record of dismissal entered into it is issued to the employee along with the calculation when the staff is reduced. As already mentioned, the wording in the order and in the book must match and repeat the provisions of the Labor Code. The record of the termination of labor relations is certified by the signature of the head, the seal of the organization and the signature of the employee himself, made upon receipt of the book in his hands. The fact of receipt of the book is confirmed by a signature in the register.

   Employees who agree to the transfer are not recorded in the book of dismissal. Their employment relationship with the employer is not interrupted, only their conditions change. Instead, the transfer is recorded. There is no need to certify it with a seal and introduce the employee.

   The final record of the dismissal is also made in the employee's personal card. After that, the document remains in storage for the period specified for such documents.

   In addition to the work book and calculation, the employee may also need other documents or their copies to be presented to the employment service or Pension Fund. This is a copy of the dismissal order, a certificate of accrued earnings (2NDFL) and deductions to the FIU. The employer may, without waiting for the employee's request, order the preparation of these documents and issue them together with the work book.

   Downsizing payments

   All payments for the reduction of an employee in 2017 are divided by the Labor Code into several categories:

   • Calculation . First of all, it includes the salary for the last worked period. Also included in this payment are all allowances and bonuses due to the employee for special conditions work or achievement of certain results.
   • Compensation for vacation or several vacations. It is due if the employee has not exercised his right during the current or previous calendar year. All days that the employee would be entitled to if he continued to work are compensated, including additional leave. If the year for which the vacation is due is not fully worked out, then compensation is calculated proportionally.
   • Compensation for early dismissal. It is received only by those employees who agree to terminate the employment contract before the end of the warning period. The amount of such payment of payment in case of reduction of an employee is provided in the amount of the average salary.
   • severance pay. By general rule Art. 178 of the Labor Code of the Russian Federation, it is still the same average earnings. Which is also better after dismissal during employment. Its duration is two months or more for some categories of workers.

   In total, in addition to the calculation, the reduced employee has the right to count on three more salaries from the previous employer. But there is one nuance here. To obtain them, you will need to additionally contact the place former job with application and work book. However, many employers, on their own initiative, make the payment in full, without waiting for the employee's demand.

   Reducing the number or staff of employees is a lengthy process and requires the employer to carefully comply with the deadlines and other requirements of the law. This avoids conflict with employees, litigation and close attention from regulatory authorities.

Notification of the trade union about the reduction in the number of staff is necessary only if it is present in the organization. A trade union is a voluntary association of workers to protect their rights and legitimate interests. The presence of this organization in the enterprise is not required. At the same time, the employer has no right to prevent its creation on the initiative of employees.

Union Notification Form

Downsizing is a popular optimization measure production process used by many companies. This procedure must be carried out in compliance with labor laws. The obligation of the employer is to notify in writing 2 months in advance of the upcoming dismissal of not only employees, but also the employment center and the trade union organization.

Document example.

The legislation does not contain a special sample notification, so it can be drawn up in any form. The message must contain the following information:

• the name of the trade union body;
• date and place of compilation;
• basis for reduction;
• position and full name of the employee;
• term of dismissal.

Important! If there is a trade union committee, its notification is mandatory, even if the employee is not a member of it.

Despite the fact that the legislation establishes a two-month notice period, it is necessary to notify the trade union body earlier, since the warning of workers is possible only after the notice has been received by the trade union. On the written notice, the representative of this body must indicate the date of receipt.

The opinion of the trade union during the reduction

After receiving the notice, the trade union reviews the documents provided, examines how justified the decision of the employer regarding the reduction process, as well as the legality of the dismissal of the employee. Within 7 days, a written response is drawn up, where the committee sets out its opinion. At least 3 days are required for joint consultations.

If the union does not agree with the reduction, then this will not prevent the employer from making a dismissal. At the same time, the trade union committee can appeal against the actions of the employer in the labor inspectorate or in court, if there are grounds, and defend the employee who should be laid off.

Throughout the existence of trade union organizations, there has been a pronounced confrontation between the employer and this body. However, with proper management of the company, the trade union committee can become an ally and partner.

When deciding who to fire and who to keep at work, the employer primarily proceeds from the interests of the company. Preference is given to employees with higher labor productivity, as well as professionalism and experience. But what to do if there is a choice between two employees who fully meet all the requirements and are in equal conditions? In such a situation, the trade union committee can help the employer and give their recommendations.

In addition, dismissal at the initiative of the employer is always an unpleasant process for both parties. As a rule, if there is a trade union committee in the organization, a collective agreement is concluded, which often contains conditions for additional payments for workers who have been laid off. Additional compensation payments will be able to mitigate the situation upon dismissal. The work of the union is also to part with the employee on good terms and to avoid complaints and claims from the side of the dismissed.

The situation may arise that the employer will need to reduce the staff of their employees. But it's not that easy to do! If the employer does not comply with all personnel nuances, employees will be able to challenge the dismissal in court.

What is the notice period?

If the employer decides to reduce the staff or headcount of the enterprise, then he must comply with all personnel nuances. First of all, he must give a written notice to those persons who fall under such measures.

Before that you need:

• convene a commission that will select employees who can be reduced;
• of these employees, those who have the preferential right to remain in the workplace or cannot be reduced at all will be selected. For example, if a woman who falls under a reduction in staff brings proof of her pregnancy, then she cannot be reduced.

After all lists are compiled and approved, employees must be notified. This must be done in writing. Oral notification is not appropriate. In order to properly notify employees, the following rules must be followed:

• the notification must be made only in writing and in two copies;
• it must be handed in at least 2 months before the start of the redundancy measures. The Labor Code of the Russian Federation establishes a minimum period of 2 months. You can serve a notice and for 3, 4, 6 months;
• it is necessary to prepare 2 identical copies of the notification. On one, which remains with the employer, the employee puts his signature and writes “familiarized”. You do not need to write “agree”, since the delivery of the notice does not imply the consent of the employee with the upcoming reduction.

If an employee does not agree that they want to reduce him, he can express his dissatisfaction by writing a complaint to the labor inspectorate. But the notification should contain exactly the “acquainted” visa.

If the employee does not want to put it, then the employer must draw up an act in the presence of two more witnesses. The act must reflect the fact that the employee refuses to sign a notice of the upcoming reduction. This act signed by the employer and two employees. Then this act will be proof that the employee was notified of the upcoming events on time.

The order of reduction of employees

To lay off employees for downsizing or downsizing, you must follow the correct order. Otherwise, the employee will be able to challenge such dismissal in court and be reinstated in the workplace. The employer will then be obliged to pay him forced absenteeism.

The procedure for dismissal of employees due to staff reduction is as follows:

1. First you need to issue an order for the company to reduce staff. The document must necessarily indicate the list of positions that are subject to reduction, as well as provide a list of employees who are appointed responsible for layoffs by name. The form of this document is arbitrary.
2. It is necessary to create a new staffing table in the form No. T-3, taking into account the order to start reduction measures. It should reflect the number of staff positions, positions, as well as rates and salaries.
3. It is necessary to issue an order that will become the basis for the introduction of a new staffing table. Basically, this document serves to inform employees about the start date of the new staffing table.
4. Workers personnel service should raise the personal files of candidates for layoffs. It is the responsibility of the employer to collect a special commission that will analyze whether candidates have preferential rights to stay at work. When this commission sums up the results of the meeting, a protocol is drawn up. It will have to contain conclusions about the undesirability / impossibility of dismissing an employee from a reduced position.
5. Employees are notified of layoffs. All persons on whom the decision was made, and whose names are reflected in the protocol, must receive a notification and put their signature as a fact of familiarization on the copy of the employer.
6. Those employees who have decided to terminate the employment relationship ahead of schedule, earlier due date dismissal must give written consent to early termination. They independently send it to the head of the employer.
7. The employer must send written notices to the employment service and the trade union. The obligatory notification obligation arises when massive layoffs are coming - more than 10 people at the same time.
8. If the employer has vacancies, then he must offer them to those workers who are laid off.
9. When all disputes are settled, an order is issued in form No. T-8 to terminate contracts with employees. The list of employees must be presented in the order indicating the full name and positions.
10. The dismissed employee is recorded in work book with reference to n. 2 h. 1 Article. 81 of the Labor Code of the Russian Federation.
11. The employer must make all necessary payments to his dismissed employees.

Union Notice

The employer is obliged to notify the trade union about the upcoming reduction in staff in the event that massive layoffs are coming - from 10 people or more. This is a general order, but industry agreements may provide for a different number of employees to determine the mass reduction.

These can be the following options:

• 50 employees or more for a period of 30 days;
• 200 employees or more for a period of 60 days;
• 500 employees or more for a period of 90 days;
• at least 1% of the workers in the region for a period of 30 days, if the total number of employees in the region does not exceed 5 thousand people.

If fewer workers are to be laid off, then it is not necessary to notify this body. But it is better to do this, since the opinion of the trade union organization must be heeded.

Notification takes place in writing, on a free form. The law does not provide for a unified form of notification, but since this will be an official document, it must indicate:

• information not only about the employer itself, but also about the trade union organization;
• a list of positions that fall under the reduction or a surname list of employees;
• date of upcoming events;
• reason for the upcoming cuts.

Once a union receives such notice, it must general meeting members of the trade union, at which to discuss this issue. Based on the results of the meeting, a protocol should be developed, in which the positive / negative opinion of the organization will be expressed on certain positions in the notification.

If the trade union does not object to the reduction, the employer has the right to continue processing the reduction. If the union does not approve the reduction of an employee, the employer does not have the right to fire him.

The notice must meet the following requirements:

• can only be written;
• submitted through the secretary of the organization;
• must be registered in accordance with all the rules for registering documents. That is, the journal should contain a record of the acceptance of the document, the signature of the secretary and the messenger himself. Both copies of the document must contain the incoming number and the date of registration in the journal;
• writing style - only business;
• there should be no errors, blots, corrections;
• it is better to issue it on a computer, on the official letterhead of the employer;
• the notification makes sense if the enterprise has such an organization.

The notice period is 2 months before the start of the upcoming events. If the cuts are massive, then in 3 months.

Employment Service Notice

In addition to notifying the workers themselves, as well as the trade union organization, the employer must also notify the Employment Center of the upcoming reduction in staff.

Such an obligation is imposed on all employers, regardless of their organizational and legal status. This should be done by both legal entities and individual entrepreneurs. notice period for legal entities- at least 2 months in advance, and for entrepreneurs - at least 2 weeks in advance.

The form for notifying the employment center of upcoming layoffs is not provided for at the legislative level, so the employer has the right to use any form of notification, but only in writing. It is advisable to issue it on the official letterhead of the enterprise.

The EPC notification must contain exactly the same information as the trade union notification.

For a document to be considered valid, it must contain the following information:

• about the employer;
• about the Employment Center to which it is submitted;
• positions of laid-off workers;
• their full name;
• everyone's profession;
• the level of education;
• qualification;
• information about what wages received one or another laid-off worker.

The notification is submitted to the Employment Center at the location of the employer. This is necessary in order to start monitoring the labor market in time for possible employment unemployed. The place of residence or address of permanent registration of laid-off workers does not play a role.

If the employer does not notify the Employment Center in time or does it inappropriately, he can be held administratively liable under Art. 19. 7 of the Code of Administrative Offenses of the Russian Federation. According to this article, the sanction is a fine in the amount of:

• 100 - 300 rubles, if a person is recognized as a violator. For example, an employee of the personnel department;
• 300 - 500 rubles will have to be paid by the chief accountant or manager, since they are officials and responsible for the performance of this duty;
• The enterprise itself will pay 3,000 - 5,000 rubles.

It is considered a violation:

• failure to notify the EPC of upcoming reduction measures;
• untimely notification of EPC about upcoming events;
• providing incomplete data or information that does not correspond to reality.

Sample Notice of Retrenchment

As already mentioned, the notice can be drawn up in free form. Below are the recommended samples:

From ______________________________

(name of employer)

_________________________________

(Name of employee)

NOTIFICATION

on layoffs

In accordance with Article 180 of the Labor Code of the Russian Federation, we notify you that due to the reduction in the staff of _____________ (name of organization), your position _____________ (name of position) is subject to reduction from "___" _________ ____

In accordance with Article 81 of the Labor Code of the Russian Federation, we offer you the following available vacant positions ____________ (list of positions and salary).

The employment contract with you will be terminated on "___" _________ ____ due to a reduction in the staff in case of refusal to transfer to a vacant position or lack of vacancies (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). Upon dismissal, you will be paid a severance pay in the amount of your average monthly earnings. Also, you will retain the average monthly earnings for the period of employment after the date of dismissal, but not more than 2 months (Article 178 of the Labor Code of the Russian Federation).

According to Article 180 of the Labor Code of the Russian Federation, by agreement between the employer and the employee, the employment contract with you may be terminated before the expiration of 2 months from the date of delivery of this notice. In this case, please make a written statement.

Until the termination of the employment contract, you must fulfill your functional responsibilities in the position to be replaced and comply with the rules of internal labor regulations.

Date of notification "___" _________ ____ Signature

The same template should be used to draw up notices from the trade union and the Employment Center. In this case, the "header" must be designed in accordance with the recipient of the notification.