Dismissal of staff reductions is a long and very responsible process for any employer. Because it involves the notification of persons subject to reduction, two months before the date of its implementation, as well as the payment to them of all relying money that must be issued on the last day of employment. In addition, the employer must offer this category of subordinates the available vacancies, and also not allow the hiring of new people.
Preparing for Reduction
Before making layoffs, the employer must fulfill several conditions:
- change the existing staffing table or approve a new one, which would show the impossibility of expanding the staff more than the positions assigned to it;
- notify subordinates about this in 2 months;
- offer workers other vacancies that are available in the organization;
- inform the employment authorities within the period specified by law.
If a citizen already knows in advance that there is a reduction at work and that he falls under it, then you can immediately discuss this issue with the head. After all, you can get all the necessary payments before the two-month period and quickly find a new vacant place, if, of course, you can’t stay the same.
Dismissing for cuts is expensive
In fact, the dismissal of workers due to downsizing is not only a long time, but also not a very cheap procedure. At the same time, the boss needs to pay people not only a salary and compensation for a vacation that was not used, but also a severance pay for two months. In addition, if a citizen after the reduction will be registered with the employment center no later than ten days from the day of his dismissal and will not be employed by him, then in this case he will receive a cash allowance from the former head for the third month as well. That is why many employers are trying to bring their subordinates under the dismissal of their own free will. Then you do not have to pay them that amount of money.
In the event that there is a reduction at work, but the boss still forced the unwanted employee to leave of his own free will, it is possible to appeal such dismissal through a court. Only for this will be necessary evidence and documentary evidence of this fact. Otherwise, it will be simply impossible to recover a subordinate at work and receive all the money that is due.
Notification
The manager warns the employee about the upcoming reduction in 2 months. The notice is drawn up in writing and is handed to the person against signature. Otherwise, the employee will not be considered aware of the impending dismissal, which may subsequently cause his boss great troubles, up to the trial.
In a situation where there is a reduction at work, the rights of the employee should not be infringed on by his boss. The latter is obliged to offer the former all available vacancies that may be specified in the notice itself.
The abbreviation notice is as follows:
00.00.00 years _______________
Dear __________________ (full name of the employee)!
We inform you that due to the reduction in staff, your position _____________ is subject to reduction __________ (the number taking into account two months from the specified date of notification).
We offer you a choice of available vacancies ______________ (name of vacancies). In the event that you agree to work in another position, please inform the HR department of the organization (name) in writing to the HR specialist before the expiration of two months from the date of receipt of the notice.
Sincerely, Director of ________________ LLC (decryption of signature).
From the moment the subordinate was notified of the impending reduction, a two-month period begins, after which he is subject to dismissal with all payments due to him, unless, of course, he agrees to another proposed vacancy.
Payouts
When a person is dismissed on the basis of clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation, the head must fully settle with him and pay:
- Salary for the entire time of work.
- Compensation for vacation if it was not used. If the employee was already on vacation, but the period was not fully worked out for him, then with a reduction in deductions from his salary, they are not made for this.
- Severance pay in the amount of two-month earnings. In the event that the employee after the dismissal appealed to the employment authorities, but was not employed, he retains this earnings for the 3rd month. In this case, it is necessary to provide the former management with their work book or a certificate from the employment center that they are registered with them.
Full settlement with the employee must be carried out on the last day of his labor activity, otherwise it would be a violation of article 140 of the Labor Code.
The right to save a job
If there is a reduction at work, then only those people who have the highest labor productivity and qualifications have the preemptive right to save a job.
In the case when all employees have the same productivity and high qualifications, preference should be given to an employee who:
- has the maintenance of two or more dependents for whom the salary of this person is the main source of subsistence;
- is the sole breadwinner of the family if no one of its members has a job or other income;
- received a disease while working or other serious injury in this organization;
- is an invalid of the Great Patriotic War or an invalid who was injured during the defense of the Fatherland;
- increases its level of education in the direction of leadership on the job.
Other categories of citizens who are entitled to leave their jobs while downsizing may be prescribed only in a collective agreement.
Paperwork
After all the measures taken related to the dismissal of staff reductions, there comes a time when the employee should be given a work book and all payments due. After that, he must sign the order confirming this fact.
When preparing the order, the personnel specialist of the organization must indicate in it the exact wording of the grounds for dismissal, indicating the clause, part and article of the Labor Code. After that, fill out a work book, put your signature in it and assure all of this with the seal of the organization. The entry in the labor should be as follows: "Dismissed by the reduction of staff on the basis of paragraph 2 of part 1 of article 81 of the Labor code of the Russian Federation." Other formulations are not used, because a citizen is fired from his job to reduce, and not due to other circumstances.
All documents related to the implementation of a person’s labor activity, as well as all funds allocated to him, must be issued to the employee on the day of dismissal.
Invalid moments
At a time when there is a reduction in work, it is unacceptable to accept new people to available places. This will be a serious violation on the part of the manager, since he should offer these vacant positions only to persons who are threatened with dismissal on this basis. The level of education of workers in this case does not matter.
It is unacceptable for the final financial calculation to deduct from the employee's salary for the annual leave that has already been granted, if at the same time 12 months have not been fully worked out.
In a situation where there is a reduction at work, the rights of the employee in no case can be infringed on the management. This primarily relates to timely payments, otherwise the dismissed person may apply for protection to the judicial authorities.
Appeal to employment authorities
After the employment contract with the employee was completed on the basis of dismissal to reduce staff, the citizen has every right and is even obliged to apply to the employment authorities within 10 days from the date of his calculation. In this case, the average earnings for the third month will remain behind him.
The employment service, in turn, should help the unemployed find a job that interests him. As a rule, for those who want to work, a good and suitable job is quickly enough found. The reduction of staff as the basis for dismissal does not affect the subsequent labor activity, but at the same time it makes it possible for a person registered with the employment authorities to receive the maximum amount of unemployment benefits.
Work searches
But sometimes the employment service does not provide attractive vacancies, so you have to go on their own searches. In this case, you need to spend a lot of effort to find a really interesting and paid position.
Finding the right job is always morally difficult. This is especially difficult when the dismissed went through a reduction. Job search in this situation is complicated by the fact that a place with a decent salary is difficult to find. That is why many citizens who are subject to reduction are trying to stay in the same place, even in a different position and with a lower salary. This is better than being unemployed afterwards and receiving a small allowance from an employment center.
A good job after the reduction is likely to go to those who have extensive experience in their profession and are intensively engaged in the search for a new vacant place.
Illegal reduction
In practice, there are cases when employers try to get rid of annoying subordinates by any means. At the same time, methods such as illegal or "imaginary" reduction are used. In this case, no events that indicate preparation for dismissal are carried out by the head. The employee is simply verbally warned that his position will be reduced, and given a period of two months so that he would look for another job.
In the case of illegal reduction, no payments are made to the citizen, except for salary, although they are written on paper. However, few people apply to the judiciary for the protection of rights, although such cases are quite common.
Arbitrage practice
Labor litigation between a subordinate and his employer is not uncommon in modern justice. Moreover, the law almost always stands on the side of the employee, and not his boss.
We give an example from judicial practice illustrating the situation.
A citizen worked as a foreman in a factory. After the leader was replaced, he began to have problems at work. The new boss wanted to arrange another person for this place, but he could not dismiss the employee, there was no reason. Then the personnel specialist advised the management to carry out the procedure of "imaginary" reduction, about which the master should be notified in 2 months. At the same time, no other vacant posts were offered to the latter, and he was dismissed. And another person was quickly taken to this place. Upon learning of this, the former subordinate sued the boss.
It follows from the court’s decision that if there is a reduction in staff at work, a citizen who is subject to his action should be offered another available position. In this case, this was not done. In addition, there was no staffing table indicating a reduction in this profession. In this regard, the judicial authority granted the claim of the latter and restored it to work, in addition, he recovered a sum of money from the employer in respect of compensation for non-pecuniary damage.
In case of violation of labor laws, an illegally dismissed person has the right to reinstatement. The reduction and subsequent termination of employment in this case can always be appealed through the judiciary.