Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

Compensation Saved

Part 3 Art. 180 of the Labor Code does not allow arbitrary interpretation

Have you ever thought about the question: why do people most often get fired in our country? Do you think it's for violations? Nothing of the kind, staff reduction is the most common and, one might say, harmless formulation of dismissal. It would seem that everything should be simple and clear for both the employee and the employer. However, it is over dismissal due to staff reduction that real battles most often unfold in the courts. One gets the impression that our country has simply forgotten how to fire people correctly.

The staff reduction procedure at the Khabarovsk telephone and telegraph station of OJSC Elektrosvyaz had every chance of being painless. Firstly, due to their high incomes, signalmen have good lawyers and experienced personnel officers. Secondly... Some employees were not in the mood for conflict at all. Some even resigned themselves to the fact that they would be laid off due to redundancy. For example, telecom operator Anna T. As soon as the management launched the staff reduction procedure, Anna T. immediately wrote a statement with approximately the following content: I ask you to fire me without serving a two-month period.

Let us recall that upon dismissal due to staff reduction (clause 2 of Article 81 of the Labor Code of the Russian Federation), the employer is obliged to warn the employee about the upcoming unpleasant event in his life at least two months in advance. And during this time the “sides” will tolerate each other. The offended employee will pretend that he is working, and the employer will impatiently wait for the two months to expire...

It turns out that you can do without such a dubious “pleasure”. Part 3 Art. 180 of the Labor Code of the Russian Federation states: “An employer, with the written consent of an employee, has the right to terminate an employment contract with him without notice of dismissal two months in advance, while simultaneously paying additional compensation in the amount of two months’ average earnings.”

It would seem that nothing could be simpler - pay the employee compensation for two months and sleep well! However, in our case it happened differently. When Anna T. came for the final payment, she was short a tidy sum. Exactly the amount of two months' compensation...

Negotiations with the management of Elektrosvyaz did not lead to anything, so they had to go to court.

Again, it would seem that the matter is simpler than steamed turnips. There is the above-mentioned norm of Art. 180 of the Labor Code, obliging the employer, in the event of dismissal of an employee with his consent, without prior warning, to give him two months’ average earnings. There is appropriate consent from the employee. There is only no money required by law that was required to be recovered in court.

But the magistrate judge of court district No. 27 of the Central District of the city of Khabarovsk rejected the claim on the grounds that, it turns out, the initiative to dismiss without two months of “working off” came from Anna T. herself. For which she filed a corresponding application. And the employer has nothing to do with it...

Specialists from the legal service of the Khabarovsk Regional Association of Trade Unions helped Anna T. draw up an appeal and represented her interests during further proceedings.
Judge of the Central District Court of Khabarovsk V.P. Bezyukevich agreed with the arguments of the trade union lawyer that the decision of the magistrate on the claim of Anna T. does not comply with the law, since it is based on an incorrect interpretation of Part 3 of Art. 180 Labor Code of the Russian Federation. According to the judge, the legislator put a completely different meaning into this article: the right to receive compensation for two months is in no way connected with the circumstance from whom exactly the initiative to dismiss without prior warning came - from the employer or from the employee.

Obviously, the application of this rule is impossible without the employer’s initiative to reduce staff, and the employee only gives (or does not give) his consent. The employee, in theory, can come up with the appropriate initiative (as in the case of Anna T.), however, again, without the decisive word from the employer, the employee’s initiative will remain an initiative. If the parties have mutually agreed to separate as soon as possible, this is formalized in the form of an order from the employer with the written consent of the employee attached.

I do not rule out that all these common truths were no secret to the personnel officers from Elektrosvyaz. Apparently, taking advantage of the fact that a simple operator does not know all the nuances of labor legislation, they simply decided to save money. The savings backfired: according to the decision of the Central District Court, additional compensation in the amount of 6812.5 rubles was collected from Elektrosvyaz in favor of Anna T. and another 282.5 rubles. - in the form of a duty to the state. Accordingly, the illegal decision of the magistrate was overturned.

Full text of Art. 180 Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 180 of the Labor Code of the Russian Federation.

When carrying out measures to reduce the number or staff of an organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code.
Employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

If there is a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, a collective agreement, and an agreement.

Commentary on Article 180 of the Labor Code of the Russian Federation

1. When carrying out measures to reduce the number or staff of employees, the employer (organization, individual entrepreneur) is obliged to offer the employee another available job.

This rule corresponds with, according to which dismissal on this basis is allowed only if it is found impossible to transfer the employee with his written consent to another job available to the employer. This can be either a vacant position or job, or a vacant lower position or lower-paid job that corresponds to the employee’s qualifications, which the employee can perform taking into account his state of health. When deciding whether to transfer an employee to another job, it is also necessary to take into account the employee’s real ability to perform the work offered to him, taking into account his education, qualifications, and work experience (clause 29 of the resolution of the Plenum of the RF Armed Forces on the application of the Labor Code of the Russian Federation by courts).

The employer must notify the employee of the availability of such a vacancy. At the same time, the employer is not obliged to offer the employee absolutely all available vacancies that do not meet the above criteria. Likewise, labor legislation does not provide for the obligation of an employer who has decided to reduce staff to send an employee for retraining to subsequently fill vacant positions that do not correspond to the employee’s qualifications (see the appeal ruling of the Moscow City Court dated December 12, 2012 in case No. 11-27662) .

The employer must offer the employee vacancies that meet the specified requirements that are available in the given area. The employer is obliged to offer vacancies in other localities only if this is provided for by the collective agreement, agreements, or employment contract.

Thus, in the appeal ruling of the Moscow City Court dated December 24, 2012 in case No. 11-25754, it is stated that since there are no such conditions in the collective agreement, agreement or in the employment contract of the parties, the employer has the right not to offer the employee vacancies in another location (even if they existed).

The Federal Law “On the State Civil Service of the Russian Federation” provides special guarantees for state civil servants. In accordance with Part 1 of Art. 31 of this law, when civil service positions are reduced or a state body is abolished, public service relations with a civil servant continue if the civil servant filling a reduced civil service position in a state body or a civil service position in a state body being abolished is given, with his written consent, another civil position service in the same state body or in the state body to which the functions of the abolished state body were transferred, or in another state body, taking into account:
- the level of his qualifications, professional education and length of service in the civil service or work (service) in his specialty, area of ​​training;
- the level of his professional education and length of service in the civil service or work (service) in his specialty, area of ​​training, provided that he receives additional professional education corresponding to the field of activity for this position in the civil service.

In development of these provisions, Decree of the Government of the Russian Federation of September 19, 2013 N 822 approved the Rules for providing a state civil servant in the absence of vacant positions in a state body in which the positions of the state civil service are being reduced, or in a state body to which the functions of an abolished state body have been transferred, a vacant position state civil service in other government bodies.

2. Employees must be notified by the employer of the upcoming dismissal due to the liquidation of the organization or staff reduction at least two months before the upcoming dismissal. Thus, a warning to the employee indicating the date of the expected layoff can take place, for example, three or four months in advance.

The warning is issued to the employee personally, against his personal signature. As a rule, the employer presents the employee with an individual warning letter, the second copy of which bears the date of the actual warning of the employee and his signature.

If an employee is absent from work (for example, due to a long vacation), it is advisable to send him a warning by registered mail with acknowledgment of receipt. From the date the employee receives the warning, a two-month period will begin, after which the employer has the right to issue an order to dismiss the employee under clause 1, part 2 of Art. 81 Labor Code of the Russian Federation.

In general, the employer should keep in mind that, in accordance with the explanations given in paragraph 29 of the resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, termination of an employment contract with an employee on this basis is possible only if he did not have a preemptive right to remaining at work and was duly warned about the upcoming dismissal.

3. The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of a two-month period. At the same time, the condition that it is mandatory to officially warn the employee about the upcoming layoff, even if there is such an agreement, remains in force.

In this case, the employer is obliged to pay the employee additional compensation in the amount of his average earnings, which is calculated in proportion to the time remaining before the expiration of the period specified in the notice of dismissal.

It must be emphasized that this option is possible only with the mutual consent of the employee and employer.

According to the explanations given in the Review of Legislation and Judicial Practice of the RF Armed Forces for the first quarter of 2007, approved by the resolution of the Presidium of the RF Armed Forces dated May 30, 2007 (issue 18), the guarantee established by Art. 180 of the Labor Code of the Russian Federation regarding the payment of additional monetary compensation also applies to a civil servant subject to dismissal from the civil service due to a reduction in the position he is filling.

4. To make a decision on reducing the number (staff) in relation to employees who are members of a trade union, a number of features are provided.

According to Art. 373 of the Labor Code of the Russian Federation when making a decision on the possible termination of an employment contract with such employees under clause 2, part 1 of art. 81 of the Labor Code of the Russian Federation, the employer is obliged to send to the elected body of the primary trade union organization the corresponding draft order and copies of documents that are the basis for making this decision. The said body, within seven days, expresses its reasoned opinion to the employer in writing.

Also in accordance with Art. 374 of the Labor Code of the Russian Federation, dismissal on this basis of heads (their deputies) of elected collegial bodies of primary trade union organizations, elected collegial bodies of trade union organizations of structural divisions of organizations (not lower than shop floors and equivalent to them), which are not released from their main work, is allowed, in addition to the general procedure for dismissal, only with the prior consent of the relevant higher elected trade union body. The same applies to cases of termination of an employment contract under clause 2, part 1 of Art. 81 of the Labor Code of the Russian Federation with the head of the elected body of the primary trade union organization and his deputies for two years after the end of their term of office.

Provided by Art. Art. 373, 374 of the Labor Code of the Russian Federation, the procedure for dismissing workers from these categories is mandatory for the employer. Thus, according to the appeal ruling of the Kemerovo Regional Court dated September 5, 2012, in case No. 33-8392, the claim for declaring the dismissal illegal, reinstatement, recovery of wages for the period of forced absence, compensation for moral damage and expenses for the services of a representative was granted, since the issue of the preferential right to remain at work in relation to the employee was resolved without taking into account the reasoned opinion of the elected body of the primary trade union organization.

Contains a condition that is subject to application regardless of whether the employees subject to dismissal under clause 2, part 1 of art. 81 of the Labor Code of the Russian Federation, members of the trade union. In any case, when making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees on this basis, the employer must notify in writing the elected body of the primary trade union organization (if there is one at the enterprise) no later than two months before the start of activities related to the reduction.

In the event that such a decision by the employer to reduce the number (staff) of employees may lead to mass dismissal of workers, the notification is made no later than three months before the start of the relevant measures. The criteria for mass layoffs when reducing the number or staff of an enterprise's employees are determined by clause "b" part 1 of the Regulations on the organization of work to promote employment in conditions of mass layoffs, approved by Decree of the Government of the Russian Federation of February 5, 1993 N 99 "On the organization of work to promote employment in conditions of mass release."

Also, according to Part 2 of Art. 25 of the Law of the Russian Federation "On Employment of the Population in the Russian Federation" when making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts between employer and organization no later than two months, and an individual entrepreneur no later than two weeks before the start of the relevant activities must be reported in writing to the employment service authorities. In such a message, the employer indicates the position, profession, specialty and qualification requirements for them, as well as the terms of remuneration for each specific employee. If a decision to reduce the number or staff of an organization’s employees may lead to mass layoffs of workers, the employer notifies the employment service authorities of this no later than three months before the start of the relevant measures.

Another comment to Art. 180 Labor Code of the Russian Federation

1. When carrying out measures to reduce the number or staff of an organization’s employees, the employer is obliged to offer the employee another available job (vacant position) that corresponds to the employee’s qualifications.

Work corresponding to the employee’s qualifications should be understood as any other work that the employee is able to perform due to his actual qualifications, including work of lower qualifications compared to what the employee previously performed.

In practice, the employer presents the employee with a list of available vacancies simultaneously with a warning about the upcoming dismissal.

Termination of an employment contract due to a reduction in the number or staff of an organization's employees is possible only if the employer does not have a job that would correspond to the employee's qualifications or if the employee refuses to be transferred to another job. At the same time, the employer is obliged to offer vacancies that the employer has in other localities, if this is provided for by the collective agreement, agreement, or employment contract (see Article 81 of the Labor Code and the commentary thereto).

2. The employer has the right, with the written consent of the employee, to terminate the employment contract with him without notice of dismissal two months in advance, while simultaneously paying additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

The employee’s written consent to terminate the employment contract without completing the established two-month period can be expressed by reading the relevant order of the employer against receipt or by a separate written document (employee statement), in which he expresses his consent to dismissal without completing the specified period.

Along with the obligation to warn about the upcoming dismissal of an employee, the employer is obliged to notify the relevant trade union and government bodies about the dismissal in advance (see Articles 81, 82 of the Labor Code and comments thereto).

3. The rules established by Art. 180 of the Labor Code, apply only to cases of reduction in the number or staff of an organization’s employees, as well as liquidation of an employer - a legal entity. Guarantees and compensation to employees in the event of termination of the activities of an employer - an individual, as well as in the event of a reduction in the number or staff of employees employed by him are established in accordance with the procedure of individual contractual or collective contractual regulation.

Consultations and comments from lawyers on Article 180 of the Labor Code of the Russian Federation

If you still have questions regarding Article 180 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

When carrying out measures to reduce the number or staff of an organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article of this Code.

Employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

If there is a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, a collective agreement, and an agreement.

Commentary to Art. 180 Labor Code of the Russian Federation

Judicial practice under Article 180 of the Labor Code of the Russian Federation

Among the guarantees of labor rights aimed against the possible arbitrary dismissal of citizens from work, in particular in connection with the reduction of staff (clause 2 of part one of article of the Labor Code of the Russian Federation), includes the need for the employer to comply with the established procedure for dismissal: the employee must be warned about the upcoming dismissal by the employer personally and against signature at least two months before dismissal; Simultaneously with the warning about the upcoming dismissal, the employer is obliged to offer the employee another job available to him (both a vacant position or work corresponding to his qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health, and transfer to this job is possible only with his consent (part three of article 81, parts one and two of articles of the Labor Code of the Russian Federation).

Question 18: Does the guarantee established by Art. Labor Code of the Russian Federation regarding the payment of additional monetary compensation?

Answer: Part two of Art. The Labor Code of the Russian Federation establishes the obligation of the employer to warn employees (personally and against signature) about the upcoming dismissal in connection with the liquidation of the organization, reduction in headcount or staff at least two months before dismissal.

Consequently, the conclusion contained in the court decision that the defendant complied with the requirements of Art. The Labor Code of the Russian Federation in terms of taking measures to employ the plaintiff in the same organization cannot be considered correct.

In accordance with Art. 195 of the Code of Civil Procedure of the Russian Federation, a court decision must be lawful and justified.

According to the applicant, the provision of part one of article of the Labor Code of the Russian Federation is in the meaning given to it by law enforcement practice, which recognizes the employer’s right to change the staffing table and begin the procedure for staff reduction in the manner prescribed by part two of article of the Labor Code of the Russian Federation (notify employees about the upcoming dismissal less than two months before dismissal), only after a two-month period from the date of informing the trade union body about the decision to reduce the number of employees, limits the freedom of economic activity of the organization and does not comply with Article 8 of the Constitution of the Russian Federation.

In support of her demands, she pointed out that the dismissal was carried out in violation of the requirements of Art. Labor Code of the Russian Federation, work for available vacancies was not offered, the preemptive right to remain at work was not taken into account. In addition, during her dismissal, her rights as a trade union member were violated, since the consent of the trade union committee to her dismissal was not obtained.

Among the guarantees of labor rights aimed against the possible arbitrary dismissal of citizens from work, in particular in connection with the reduction of staff (clause 2 of part one of article of the Labor Code of the Russian Federation), includes the need for the employer to comply with the established procedure for dismissal: the employee must be warned about the upcoming dismissal by the employer personally and against signature at least two months before dismissal; Simultaneously with the warning about the upcoming dismissal, the employer is obliged to offer the employee another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health, and transfer to this job is possible only with his consent (part three of article 81, parts one and two of articles of the Labor Code of the Russian Federation).

2.4. Parts two and three of Article 57, Articles 67, 68, 132, parts one and two of Articles of the Labor Code of the Russian Federation are of a guarantee nature and do not contain uncertainty in terms of compliance with the Constitution of the Russian Federation. Consequently, within the meaning of Articles 96 and 97 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", this complaint in this part does not meet the requirements of admissibility.

According to parts 1 and 2 of the article of the Labor Code of the Russian Federation, when carrying out measures to reduce the number or staff of an organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part 3 of article 81 of this Code. Employees are notified by the employer of upcoming dismissal due to a reduction in the number or staff of the organization's employees at least two months before dismissal.

Art. 180 Labor Code of the Russian Federation (new edition) establishes the rights of the employer when reducing the number of employees or liquidating an enterprise. The norm also defines his duties in relation to employees with whom he terminates the contract. Let's consider the main provisions Art. 180 Labor Code of the Russian Federation with comments.

In Art. 180 of the Labor Code of the Russian Federation establishes the obligation of an employer carrying out measures to reduce the number of personnel to offer employees another job (vacant position), in accordance with Article 81 of the Code. The manager must notify everyone personally about the upcoming termination of contracts in connection with the liquidation of the organization or reduction in staff, signed by signature, no later than 2 months in advance. Part 3 Art. 180 Labor Code of the Russian Federation allows the termination of employment relations with an employee with the written consent of the latter before the end of the period specified above. In this case, the employee is entitled by law to additional payment. It is the average salary of the employee, calculated in proportion to the time remaining until the end of the notice period. If massive dismissal, according to Art. 180 Labor Code of the Russian Federation, the employer, taking into account the opinion of trade union representatives, takes all measures provided for in the Code, collective agreement, federal legislation and contract.

Explanations

Art. 180 of the Labor Code of the Russian Federation imposes on the employer the obligation to ensure internal employment of employees who are laid off. Among the criteria that apply to other work, it is established that a vacant position must be offered. Other requirements are set forth in Article 81 (Part 3) of the Labor Code of the Russian Federation. The employer has the right to offer the employee to perform the professional duties of a temporarily absent employee due to a long illness, being on a business trip, parental leave, etc. In this case, the manager must explain to the employee his responsibilities and notify him of the amount of earnings. This proposal must come from the employer not only directly on the day of notification of the upcoming layoff, but also during the period allotted for warning if positions suitable for the employee become vacant at the enterprise. Failure to comply with this requirement indicates that the manager is not properly complying with his duties regarding the employment of personnel.

Important point

An employee who has been notified of upcoming events cannot demand that the manager provide him with the opportunity to undergo advanced training, education, or professional training, if the enterprise has relevant positions that he could apply for later. But if his position is liquidated due to a violation of occupational safety standards, the employee can count on retraining on the basis of Article 219 at the expense of the employer.

Notification

Art. 180 of the Labor Code of the Russian Federation requires that each employee be notified of upcoming events personally against signature. In this case, the norm establishes a specific period for notification. Employees are notified no later than 2 months in advance. before dismissal. If the employee refuses to sign the notice, a report is drawn up. Regardless of this, the notice period begins to run from the next day after notification.

Special cases

The employer, warning the employee about future dismissal, indicates the specific calendar date of dismissal. If this date is subsequently postponed at the initiative of the manager to a later time, the employment relationship will be extended. This, in turn, increases the employee's chances of getting another job. The legality of these actions of the manager is explained by his initiative to terminate the contract.

Disability

If at the end of the notice period the employee being relieved of his position was ill, the employer terminates the contract after recovery. In some cases, the period of incapacity for work begins after the warning and ends before the expiration of two months. In such situations, the employee cannot demand an extension from the employer.

Clause 3 art. 180 Labor Code of the Russian Federation

It provides for the employer's ability to terminate the contract during the notice period. In doing so, he complies with the following conditions:

1. The employee must be notified no later than 2 months. until the end of the legal relationship.
2. The employer's appeal with a corresponding proposal in connection with the reduction in personnel or liquidation of the enterprise should be sent to the employee after the warning, and not before it.
3. The employee must consent (in writing) to early termination of the contract.

Due to the fact that the initiative to terminate the relationship usually comes from the employer, he establishes, in accordance with Part 3 of Art. 180 Labor Code of the Russian Federation, specific date. However, such an offer may also come from an employee. Termination of the contract in such a situation depends on the discretion of the manager. According to Art. 180 of the Labor Code of the Russian Federation, severance pay and additional compensation for early termination of relations are paid on the same date. It is the day of official termination of the contract.

Interaction with the employment service

When making a decision to reduce staff or liquidate an enterprise, the employer must inform in writing the authorized bodies operating in the field of employment of citizens. The notification is sent no later than 2 months before the termination of relations with employees. In the notice, the employer indicates the profession, position, qualification requirements, specialty, and terms of payment of remuneration for each employee. If a decision to reduce the number of personnel may provoke mass layoffs, then notification is provided no later than three months before the proposed implementation of the measures. The spontaneous release of employees can be due to various reasons. For example, this could be rationalization of production, repurposing the organization or its divisions, improving working conditions, partial/complete suspension of activities, and so on.

Relations with the trade union

Liquidation of an enterprise (its divisions), change in organizational and legal type or form of ownership, partial/complete suspension of activities, resulting in a reduction in the number of positions or deterioration of conditions, can be carried out only after notifying the elected body of employees. Notification is sent no later than 3 months. before the expected start date of the activities. At the same time, negotiations are held with the trade union on issues of respecting the interests and rights of employees. The representative body may submit proposals for consideration by local government structures to reschedule or temporarily suspend the implementation of measures related to the mass release of employees. Responses to these requests are formulated and sent in the manner prescribed by law.

Collective agreement

In Art. 180 of the Labor Code of the Russian Federation, this act is mentioned among the documents establishing additional requirements for the employer. The collective agreement prescribes measures aimed at reducing the number of laid-off employees and ensuring their employment. The relevant section may include:

In the event of a short-term decrease in production volume, measures can be taken to prevent staff reductions. For example, this could be a temporary suspension of hiring employees for vacant positions.

Capabilities of authorities

Executive structures at the regional or territorial level have the right, at the proposal of the employment center, to suspend for a period of up to six months the decision of managers on mass layoffs. Specific deadlines may be set according to the unemployment rate. If it is 3-5% of the number of employees, the suspension period is 1 month, if 5-7% - 2, 7-9% - 3, over 11% - 6 months. In the latter case, a gradual release of workers may be envisaged. It is carried out within the following time frames:

Financial support for measures to gradually release employees or suspend layoffs is made from budgetary funds. Enterprise managers have the right to participate in the development of relevant decisions taken by authorities, as well as in the discussion of issues related to mutual settlements. State structures exercise powers to develop and implement regional programs, which include measures aimed at promoting employment of the population, including citizens who are at risk of dismissal, are in particular need of social protection and have difficulty finding work.