The decline in production in many industries is a normal consequence of the global economic crisis. As a result, owners of factories and enterprises are forced to significantly reduce staff. The procedure for the dismissal of employees should be carried out in accordance with all the rules. The employer does everything so that after this the staff can again get a job.
Step one
Staff reductions should be documented. The employer issues an order that describes the total number of layoffs. The new schedule of specialists is approved, according to which the work of the organization or enterprise takes place later. It indicates the total number of employees after the reduction procedure, as well as the date the new schedule is put into effect. The company may be reduced the number of workers of all categories or individual specialties. Mass reduction can only be carried out during the restructuring of the organization. In most cases, only 15-20% of the employees of the total staff are laid off.
The employer is obliged to inform the employment service in advance about the upcoming staff reduction. If there is a mass layoff of personnel, it is worth sending a letter of recommendation no later than three months before the procedure. For 90 calendar days, it is necessary to notify the employment service if it is planned to lay off more than 50 employees in one month or more than 200 workers in three months. Mass reduction is the liquidation of an enterprise or organization. Depending on the territorial and economic characteristics of a particular region, other factors of multiple layoffs may also be established. Any deviations from generally accepted standards are approved by local authorities.
Second step
After the decision to reduce the staff is made completely and irrevocably, you should choose the specialists who will be subject to dismissal. At the same time, it is imperative to comply with the rule of benefits for leaving the workplace. Some employees cannot be fired for a number of reasons. According to the Labor Code of the Russian Federation, the reduction cannot affect women on maternity leave, employees with children under three years of age, single mothers, guardians of a minor child, as well as other persons who care for a disabled person or minor.
Section 179 of the labor code describes who can be granted the preemptive right to leave the workplace. The dismissal of the reduction in the last resort applies to employees with extensive experience and high qualifications. High performance must be documented. The employer cannot make a decision based on his own preferences. Such qualifications as the presence of higher professional education, a large number of past certifications can testify to a specialist’s qualifications. Persons with
a degree or title are the last to be fired.
If all employees of the enterprise have equal conditions, preference is given to employees who have more than one minor child. The reduction of employees who were previously injured or injured in the enterprise cannot be made. Also do not dismiss participants of the Second World War or other military operations.
An advantage may also be granted to persons who are the authors of any inventions. In government organizations and military units, spouses of military personnel are preferred. The dismissal of the reduction is their last concern. Citizens who have been dismissed from military service and have entered work cannot be deprived of their first post. They are also given a preemptive right to remain in the workplace.
The collective agreement of a particular organization may describe other categories of specialists who may have an advantage in dismissal. The main ones are described in the Labor Code of the Russian Federation. Reduction must be carried out in accordance with all rules and regulations.
Step three
The employer must notify each employee who is being reduced in writing. All the nuances are described in part 2 of article 180 of the labor code of the Russian Federation. Each receives a written dismissal to reduce the employee. Also, the boss can inform personally on receipt. This must be done no later than 2 months before the date of the upcoming dismissal. This allows the employee to find another decent job.
Often there are times when workers refuse to put their signature on the reduction order. In this case, the procedure is a little complicated. The employer has to send a notification letter to the home address. In parallel, a special act is drawn up on the employee’s refusal to familiarize himself with the dismissal order. If an employee subsequently appeals to the court with a request to understand the grounds for dismissal, the employer will be able to present all the necessary documents without problems. The employee reduction procedure will be followed correctly.
Fourth step
According to the labor code of the Russian Federation, when an employee is reduced, the employer must offer him a written transfer to another job. Employment measures will help people who are being cut off get a job in another organization again. Such measures are only supportive. An employee has the right to refuse the proposed vacancy and independently find another. In some cases, an internal transfer is possible. That is, in one enterprise, a specialist is reduced from one position and goes to another. In this case, a new employee schedule must be compiled, as well as job descriptions approved. They describe working conditions at a new workplace, as well as the nuances of remuneration.
First of all, a specialist can be offered a position that matches his qualifications. If there are none, a vacant position in a lower position may be offered. It should be borne in mind that wages in this case will be slightly lower. Jobs that match the qualifications of the specialist, as well as his state of health, may be offered.
In the event that the employee agrees to the proposed vacancy, the transfer is executed as soon as possible. Refusal of a position is documented. A special act is drawn up, on which the signature of the employee who fell under the reduction is mandatory. If the employer cannot offer a position that meets the qualifications of the employee, an act of impossibility of transferring to another position is also drawn up.
It should be borne in mind that staff reductions are possible only when they cannot be transferred to a similar position in another department. Failure to comply with this requirement is a serious violation of the labor code and implies the responsibility of the employer. To protect yourself from litigation, the head of the organization or enterprise should receive a written refusal of the employee who is being reduced, to transfer to another position.
Fifth step
The procedure for reducing the employee who is a member of the union is somewhat complicated. In accordance with the labor code of the Russian Federation, the employer must send a copy of the document to the trade union organization, which is the basis for the forthcoming reduction. Additionally, a draft dismissal order may be sent. This procedure is performed one month after the employee is notified of the dismissal in case of a partial reduction and two months after a massive reduction. A trade union body can consider this issue for no more than seven business days. A written response with recommendations is then sent.
Often there are times when the union does not agree with the decision of the employer to reduce a specific employee. In this case, the parties must meet and discuss the details within three days after a written response. The results of such a meeting are recorded in writing, and all the nuances of the negotiations are recorded in the minutes. Within ten days after the negotiations, the employer already makes the final decision. The procedure for reducing the employee in the future occurs according to all the rules. The decision of the employer may be appealed to the state labor inspectorate. Upon receipt of a complaint, the issue is considered within 10 business days. If the reduction procedure was carried out illegally, the employee may be reinstated.
If the employment contract with an employee who has not yet reached the age of 18 is terminated, in addition to the trade union organization, the employer must also notify the juvenile rights inspectorate. Only after obtaining consent from this organization, the employee can be reduced.
Sixth step
With the written consent of the employee, the employer has the right to terminate the employment contract with him ahead of time. In addition, an allowance is paid in case of reduction, which corresponds to the amount of wages for the remaining working days. Compensation is calculated in accordance with the job description of a particular employee, as well as the number of working hours until the date of dismissal. The procedure for early dismissal is carried out in accordance with the 3rd part of Article 180 of the Labor Code of the Russian Federation.
The employer creates an order to terminate the employment contract. Be sure to respect the rights of the employee during the reduction. The dismissal of workers during their temporary disability or stay on paid leave is not allowed. An exception can only be the complete liquidation of the enterprise. In this case, a massive reduction occurs without notice to trade union organizations.
Each employee must be familiarized with the reduction order no later than three business days from the date of its publication. The employee puts his signature in the corresponding protocol. By this, he confirms that he was informed of the dismissal. The reduction order is required to be recorded in the order journal.
Seventh step
The employer is obliged to pay employee benefits during reduction. The calculation is made in accordance with article 178 of the labor code of the Russian Federation. Additionally, compensation is paid for all unused vacation days. If the employment contract is terminated in connection with the liquidation of the enterprise or organization, the employee is entitled to a payment equal to the average monthly wage. In addition, the employee retains the average monthly earnings for the period of employment, provided that they seek help from the employment service. At the same time, payments can go no more than two months from the moment of official dismissal.
In the specialist’s workbook, an entry about termination of the employment contract is necessarily appear. The reason why the person was dismissed from the organization is indicated. Employees who have fallen off have much more benefits. They manage to find a highly paid job much faster than the fact that they left the previous place of their own free will. All entries in the workbook are entered in accordance with the rules for maintaining and storing corporate documentation No. 255. The specialist is calculated and the workbook is issued to him directly on the day of dismissal. If at this time the employee is not in place, the calculation is made on demand. As soon as a person comes to the organization from which he was dismissed by the reduction, he can present a request for settlement in writing. The employee retirement benefit is paid no later than the next business day.
Staff Reduction Report
When reducing the employee, the employer is obliged to notify the employment service that the dismissal procedure has been carried out. This must be done within 10 days after the termination of the employment contract. For untimely submission of a report on dismissals to the head of the enterprise or organization face fines. The government will have to pay serious compensation equal to the annual salary of the released employee, information about which was not received by the employment service. Penalties can be imposed both on private entrepreneurs (individuals) and on organizations (legal entities).
Often, the employer writes the entry in the employee’s work book incorrectly. This is done intentionally so as not to draw up unnecessary documentation. The fact is that dismissal “by agreement of the parties” does not require additional notification of the employment service. Along with this, the dismissed employee receives exactly the same rights as with the reduction.
The employer must not only submit a report on the reduction in a timely manner, but also fill it out correctly. The document must indicate the passport data of such an employee, the name of his post, the profession code in accordance with the labor code, the qualification level of the employee, his average monthly salary. Additionally, specialist education may be indicated. If he has a disability, the group must be negotiated. All these data will help employees of the employment service to quickly find a suitable position for the dismissed person.
The report must be prepared by the employee who occupies a managerial position, or his deputy. The document is certified by a wet seal and signature.
What to do to the employee during the reduction?
Reducing employees during an economic crisis is a normal procedure that everyone should be prepared for. Understanding that an employee can be fired is simple enough. It is only necessary to imagine whether production will suffer if a person quits voluntarily. If not, then the employer can easily reduce it at the first need. First of all, those who work informally are fired. Therefore, everyone should strive for employment in accordance with all the rules of the Labor Code of the Russian Federation.
Often, employees are faced with a proposal from their superiors to write a letter of resignation of their own free will. Such a statement should never be written. The benefits for the employer can be a huge amount. There is no need to pay severance pay and fill out a lot of documents. Dismissal of a staff reduction employee is a long and laborious process. But the employee termination of the contract of his own will can not be profitable. Not only will it not be possible to receive severance pay, but also payments from the employment service will begin only three months after registration.
The employee's notice of reduction comes always in advance (no later than two months before the upcoming date of dismissal). During this time, everyone has the opportunity to find a decent job. In addition, the employer himself must offer a job in another department, if it is vacant. Valuable specialists are always in the price. Therefore, it is necessary to carry out your work in good faith, so that you are always in a good position.
To summarize
Staff reductions can occur without incidents if the employer implements them in accordance with the rules of the Labor Code of the Russian Federation. Do not despair if you had to sign a letter of resignation. High qualifications and experience are of great importance. A good employee can always find the right job. And specialists in employment services are always happy to come to the rescue.