To optimize the number of employees in the enterprise, employers use a tool such as staff reductions. Payments received by mercenaries during and after the termination of the contract, materially provide them during subsequent employment. In order to avoid violation of the rights of workers, it is important to accurately calculate the amount of transferred funds. This article will help to organize staff reductions to the head of the company, and employees - to protect their interests.
The concept
During the crisis, a significant reorganization of activities, liquidation and bankruptcy, the company is forced to change the number of employees. Formally, this procedure is called "staff reduction." Payments for which a laid-off employee can apply are designed to protect the rights of workers, to ensure them for the period of subsequent employment. The employer cannot refuse to provide such a reduced person with the funds - an incorrect calculation of the amount or a reluctance to fulfill their responsibilities for the material support of mercenaries can become the reason for the latter to appeal to the court.
Despite the administration providing severance pay and wages, the reduction of some individuals is prohibited. This applies to socially vulnerable groups of the population who encounter certain difficulties during employment.
Causes
The laws of the Russian Federation do not require the employer to have clear justifications in order to reduce staff. Payments received by employees with this method of termination of the labor agreement protect their rights and support their financial situation.
According to judicial practice, the employer is allowed to reorganize the state structure, the schedule of activities, select staff, and change the number of employees at its discretion. Thus, it can increase production efficiency and make company management more efficient and rational. A prerequisite for this is the impossibility of violating the rights of workers provided for by the Labor Code of Russia.
Reduction stages
Reduction of the staff takes place according to certain rules:
- The employer issues an order to change the number of employees or staffing. The document should include information on the positions subject to reduction, the time of termination of the contract and the persons responsible for the process of exclusion of employees.
- Drawing up and delivery to mercenaries of the notice where all necessary information on the dismissal procedure should be indicated. In this case, the transfer of the document to the employee should take place no later than 2 months before the date of exclusion. In this case, the latter must leave a signature confirming that he is familiar with the text of the notification.
- The contracted person needs to be offered a different position if the employer or in other companies with which he has signed a collective agreement have vacant places suitable for the qualification employee. This stage is mandatory, since in case of failure to fulfill this condition, the termination of the contract is considered illegal.
- A few months before the dismissal process, it is necessary to inform the Employment Center and the union about the planned reduction. For the call center it is necessary to draw up a notice in which the following information should be included: positions and requirements for employees, terms of payment for their activities.
- Further, the employer is obliged to issue orders on the dismissal of certain employees who fell under staff reduction. Payments must be presented before the deadlines stipulated by the laws of the Russian Federation. Mercenaries receive a work record with the appropriate entry.
When is a reduction impossible?
It is impossible to break the contract with some groups of people in the process of changing the number of employees in the state. These include:
- employees staying at the time of reduction in vacation;
- mercenaries who at the time of dismissal were recognized as incapable of work;
- pregnant women;
- mothers of children under the age of three;
- women alone raising a child under 14 years old or a disabled person under 18 years old;
- Citizens raising the above children without a mother.
Preemptive right to stay at work
Before giving the employee a notice, you need to find out if he is in the category of people who may remain in their place in the first place. Such competition occurs if several people in a similar position are at risk of reduction. At the same time, those who are highly qualified and productive have the advantage. If the employees have these indicators equal, then first of all the following positions remain:
- an employee who is dependent on two or more disabled family members;
- an employee, the only one in his family who earns income;
- invalids of the Second World War and military operations in the defense of the Fatherland;
- mercenaries currently upgrading skills;
- persons who have been injured while in office.
When a staff reduction occurs (payments have not yet been transferred), laid-off workers can provide evidence in court that they had higher qualifications or labor productivity, as a result of which a contract break would be considered illegal.
Union members
Dismissal during the reduction of staff, payment of wages and severance pay are possible, regardless of whether the union agreed to this. This does not apply to cases where employees with whom employers want to terminate the contract are members of its collegial bodies and structural divisions (workshop level and above), combining this activity with the main place of work.
In such cases, it is necessary to obtain permission from the union to dismiss these individuals. If the employer has reduced such an employee without the permission of the organization, the person can return to the position by going to court.
Features of the reduction of some individuals
The voluntary dismissal of an employee who has not reached the age of 18 years is not permitted by the legislation of the Russian Federation. In order to terminate the employment contract with such persons, it is necessary to obtain an agreement from the commission for minors and the labor inspectorate. As an exception, there are cases when a company is liquidated, or an entrepreneur ceases to operate, having completely dismissed the entire team.
When staff reductions occur, payments to pensioners have some peculiarities. The procedure for dismissal does not change and is carried out on a general basis, that is, they do not always have the right to advantages while maintaining a place. However, there are some differences with respect to the reduction in the number of employees in this category. If a pensioner turned to the employment service on time, he can receive funds for not two, but three months.
Paperwork
During a change in the number of mercenaries, the head of the organization should prepare the following papers:
- reduction order;
- notice for employment center and union;
- alerts for employees.
Documents cannot be signed by other people except the employer, if he has not delegated the appropriate authority to a third party. In this case, it is necessary to confirm his right to dismiss workers by power of attorney or other documents. However, according to the existing rules, payments during staff reductions (2015-2016) can be made by an accountant or another person.
The contract may be terminated two months after delivery of the notice to the employee. With the consent of the employee, early dismissal is possible with a reduction in staff. Payments are made no later than the deadline. This period is different for different types of collateral. Mercenaries have the right to receive copies of all the above documents.
Severance pay
Redundancy payments include severance pay. The amount of this amount cannot be less than the average salary of a mercenary per month of labor. Nevertheless, recently the described payments can be increased if, for example, the employment contract separately stipulates a situation in which a staff reduction occurs.
Severance pay is paid immediately after the termination of the contract. To correctly calculate the amount, the employer must take advantage of the relevant provision approved by the government (No. 922).
What other payments while staff reduction 2015-2016 can pretend
For a person who has been laid off, payments also include earnings for the duration of employment. This period can last no more than two or, in some cases, three months. Some groups of people who applied within two weeks from the day of dismissal to the employment center may apply for an extension of the time for issuing funds.
Immediately after the termination of the contract, benefits are paid to reduce staff and earnings for the period of employment for the next month. The next 60 days, a person is looking for a new job. Only after this period has elapsed, he can turn to his superiors for salaries for the second month of employment. If, for example, a person takes up a new position in a week, he receives funds only for the specified period. If a person has received permission for three months of employment, after this period he must take a certificate from the employment center and provide it to the employer.
PIT and UST
According to the Tax Code, the payment of benefits to reduce staff is not subject to personal income tax and UST. This also applies to wages received by a mercenary for two or three months during employment.
However, this does not apply to all funds transferred to a person who has fallen under staff reduction. Labor Code of the Russian Federation (severance pay, art. 178) provides for the possibility of increasing the amount received. In this case, additional funds and compensation are taxable.
Other payouts
Often, consultants, telling about what benefits employees are entitled to receive during staff reductions, forget about the funds that employees can apply for, regardless of the reason for the termination of the contract. These include salary and compensation for unused vacation days.
This amount is calculated individually, in proportion to the period worked. On average, an employee is entitled to 28 days of vacation per year. A person can receive a refund for each day of rest, which he did not use. Also, the employee receives wages for the entire period of his labor activity.
If a person is dismissed ahead of schedule (before the expiration of 2 months after receiving the notification), he can find out from the employer what payments for staff reductions are due to him as compensation.
Re-entry
There are times when employers intentionally announce a reduction to dismiss an employee without the justification provided for by the laws of the Russian Federation. In such cases, they delete the position, and then re-enter it, hiring another person. Such actions are considered illegal and can be challenged in court, and the reduction is declared fictitious. To protect themselves, employers do not schedule the respective position for three months, but for confidence it is advisable to wait a longer period.