Nowadays, you need to be legally savvy in the most various issues, especially if we're talking about O labor relations. What is important to know if you decide to quit or are laid off? About this with Head of the legal department of the Center for Social and Labor Rights Sergei Saurin.

If the employer refuses to sign the resignation letter

The manager has no right to interfere. You can decide to quit at any time, and you do not need to coordinate your resignation with your employer. The only limitation is that according to Article 80 of the Labor Code of the Russian Federation, you are required to notify your management about leaving in writing no later than two weeks in advance. A letter of resignation is just a form of warning, and it is important for you to have confirmation that the employer has received it. To do this, you can ask the person authorized to accept documents to sign for receipt of your application on a copy of this application (the copy remains with you). If for some reason they refuse to sign for you to receive the application, you can send the employer a telegram with acknowledgment of receipt - this will also be a notice of resignation in the proper form.

After the two-week warning period has expired, you will have the right not to go to work and demand registration of dismissal. By agreement with the employer, you can terminate the employment contract before the expiration of the two-week period.

How to use the remaining vacation upon dismissal

The current Labor Code in Article 127 provides for two options for using leave upon dismissal:

If you are "asked"

Dismissal by at will, according to the current Labor Code, does not imply the payment of any compensation to the employee. However, in a situation where you generally do not mind terminating the employment contract, but do not want to write a statement of your own free will, you can offer the employer to formalize the dismissal by agreement of the parties. In essence, this is the same “conflict-free” basis for dismissal, but you can bargain here. The law does not limit you in choosing the possible terms of the dismissal agreement; everything depends only on your negotiating capabilities. You can try to convince the employer to pay you a certain amount of monetary compensation, or ask for “compensation” in another form (for example, good recommendations).

The agreement to terminate the employment contract must be drawn up in writing in two copies. Often it is drawn up in the form of an additional agreement to the terminated employment contract. From the moment it is signed by the parties, it is binding on both the employee and the employer.

You've been laid off, but you don't agree with it

Article 179 of the Labor Code of the Russian Federation stipulates that employees with higher labor productivity and qualifications have a priority right to remain at work during reduction measures. All other possible criteria (including length of service) are applied only in the case of equal labor productivity and qualifications of workers.

If you have reason to believe that the employer chose you unreasonably, you should appeal your dismissal in court. Unfortunately, you won’t be able to appeal the employer’s actions before the layoff occurred (dismissal or transfer, depending on the availability of vacancies), since the notice of layoff itself does not violate your rights.

In court, you will have to prove that your productivity and qualifications were higher than those of your colleagues in your position (or that you had a preferential right according to other criteria, subject to equality of productivity and qualifications). As evidence, you can use documents, witness statements or any other evidence of your position. It is better to start preparing evidence in advance, even before the reduction occurs.

How redundancy benefits are paid

In accordance with Article 180 of the Labor Code of the Russian Federation, employees are warned by the employer personally and against signature at least two months before dismissal about upcoming dismissal due to a reduction in the number or staff of the organization's employees. During these two months, the employee continues to work and receives wages in the general manner.

After two months, immediately upon dismissal, according to Article 178 of the Labor Code of the Russian Federation, the employer is obliged to pay severance pay in the amount of average monthly earnings. This payment is considered to be the preservation of the employee’s earnings for the first month after dismissal.

If a redundant employee does not get a job within the first month after dismissal, the employer has an obligation to retain him average earnings for the second month after dismissal. The average salary for the second month is paid to the employee exactly in the second month (since upon dismissal it is not known when the laid-off employee will be able to get a job new job). Moreover, if an employee gets a new job in the middle of the second month after dismissal, then the old employer pays him the average salary only for that part of the second month during which the employee did not work.

If an employee is registered with the employment agency within two weeks after dismissal due to layoff, and despite this was unable to get a new job within two months after dismissal, the old employer retains his average earnings for the third month after dismissal (payment rules the same as for the second month).

Article 180 of the Labor Code of the Russian Federation establishes the possibility of an employer and an employee to agree to terminate an employment contract in connection with a layoff before the expiration of a two-month warning period. In this case, the employer is obliged to pay the employee a lump sum (upon dismissal) monetary compensation in the amount of average earnings for the entire period remaining before the expiration of the two-month period, plus severance pay in the amount of average earnings for one month. In this case, the preservation of earnings for the second and third months after dismissal occurs according to the general rule.

Is it possible to contact the Employment Center with only registration in hand?

According to Article 31 of the Law of the Russian Federation “On Employment of the Population in Russian Federation“, the decision to assign unemployment benefits is made simultaneously with the decision to recognize a citizen as unemployed. In accordance with paragraph 2 of Article 3 of the Law on Employment, the decision to recognize a citizen registered for the purpose of searching suitable job, the unemployed are accepted by the employment service authorities at the citizen’s place of residence.

We are talking specifically about the place of residence, and not about the place of registration (registration), therefore, if you receive a refusal, you have the right to demand that the refusal be formalized in writing and appeal it in court or to a higher authority (the employment department of the constituent entity of the Russian Federation).

Please note that registration at the place of stay and residence is only a method of registering citizens within the Russian Federation provided for by federal law, which is of a notification nature and reflects the fact that a citizen is at the place of stay or residence, which cannot serve as a basis for restriction or a condition for the exercise of the rights and freedoms of citizens .

Payments upon layoffstates are called upon to financially support a dismissed employee during the period of his employment. It is not very easy to independently figure out what exactly is owed to the employee in such a situation, what the amount of payments is, and also in what time frame they are provided. We will discuss these issues in more detail in this article.

What payments are provided upon dismissal due to staff reduction?

In today's unstable economic situation, there are often cases when employers are forced to reduce staff. This could be 1-2 employees or tens, hundreds of people (for example, during the liquidation of an organization). The procedure and procedure for calculating payments are the same, regardless of the number of employees who were laid off. The issues of providing guarantees and compensation to citizens who have been laid off at work are regulated by Art. 180 part 3 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ.

First of all, it is necessary to note the payments that are due to workers upon dismissal in the general order; no one exempts the employer from these payments. These include:

• salary not yet received for the last month of work;
• compensation for vacation that the employee did not use for any reason.

IMPORTANT! About the upcoming reduction in the workforce of workers should employer (an order is issued in writing for the enterprise, and all employees are introduced to it against signature) at least 2 months before dismissal. It is assumed that during this period of time the employee who has been laid off will be able to find a new job.

There are also compensation payments (regulated by Article 178 Part 3 of the Labor Code of the Russian Federation), which should help a citizen laid off due to layoffs provide for himself while he is looking for a new job. This:

• severance pay (calculated by the worker’s average earnings);
• payment in the amount of the average salary for the period while the citizen is not employed, but no more than 2 months from the date of his layoff.

Terms of payments when laying off an employee

Let's consider in order when payments are made during layoffs. On the day of actual termination of the contract with the employee, wages and compensation for vacation that is not used are calculated based on the total amount. The payment procedure here remains the same as in a regular calculation upon dismissal of an employee.

In addition, on the day of layoff, severance pay is paid, since this benefit is guaranteed and does not depend on whether the dismissed employee is employed by another employer or not.

After 1 month from the date of dismissal of the employee, no payments are made. After two months have passed from the date of dismissal of the worker, if he has not found a job, upon his written application, the employer makes a payment in the amount of the average salary of the dismissed person. When paying such compensation, compensation already paid (severance pay) is taken into account.

Payment of severance pay in case of staff reduction

As stated above, severance pay is calculated from the worker’s salary (the average value is taken). It cannot be less than the average monthly salary. A collective or, for example, a regular employment contract with an employee may provide for a different amount - in the direction of increasing severance pay. Then the laid-off employee will receive exactly this benefit.

Important: payment of severance pay does not relieve the employer from paying bonuses and other incentive payments due to the employee, if they were provided for in the contract.

You should keep in mind some special cases when redundancy payments are calculated differently or are not paid at all. So, when the payment is calculated when laying off a worker who worked in seasonal work, the average salary is taken for a period of 2 weeks, not 2 months (Article 296, Part 4 of the Labor Code of the Russian Federation). Workers who have entered into a fixed-term employment contract for no more than 2 months do not receive severance pay (Article 292, Part 4 of the Labor Code of the Russian Federation). Part-time employees who have been laid off due to staff reduction (Article 287, Part 4 of the Labor Code of the Russian Federation) have the right to receive severance pay on an equal basis with others, but are deprived of benefits in the amount of the average salary for the period of employment with another employer (while maintaining their main place of work ).

The employer and employee can agree on more early layoffs than 2 months. In this case, in addition to the main compensation payments, additional payments are made to the employee who has been laid off. Additional compensation is calculated in proportion to the time that the employee did not work before the generally assigned deadline, also based on the average salary. Others required benefits(day off and for the period of placement with another employer) are also paid.

Payment of average earnings for the period of employment with a new employer

Situations often arise when, 2 months after being laid off from a previous job, a worker has not found a new employer. In this case, as stated earlier, he is entitled to a benefit in the amount of the average salary for the period of job search (but not more than 2 months), this guarantee is provided by Art. 178 part 3 TKRF.

However, it happens that a new job was found in the middle of the month, how to calculate the payment? In this case, the redundancy payment is calculated in proportion to the time spent searching. That is, if an employee was employed by a new employer on the 7th, then the average payment will be calculated for the 6 days of the month during which he was still looking for work.

There is an exception, and the average monthly payment (by decision of the employment service) can be extended for another 1 month (i.e. to the 3rd) if the conditions are met:

• the redundant employee was registered with the employment authorities within 2 weeks from the date of dismissal;
• within 3 months the employment authorities did not find him a job.

So, we have looked at what payments are due when an employee is laid off, be it a reduction in the number of employees or staff, or the liquidation of an enterprise. The problem of layoffs at work will not be so acute for you if everything due payments you will receive in full.

In a difficult economic situation, sometimes staff reduction is the only option possible way save the enterprise. Often, however, downsizing is a way to save resources. This procedure is spelled out in great detail in the Labor Code and has a well-thought-out sequence.

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Reduction of employees according to the Labor Code

Staff reduction is a procedure that involves Labor Code compliance with a number of conditions. Failure by the employer to comply with one of them may result in the employee being reinstated in the workplace, with payment of earnings for the entire period of forced absence, which will be considered the period from the date of dismissal to the date of reinstatement. Labor disputes are often resolved in court and the court, as a rule, sides with the employee.

Both employers and employees should know the rules for dismissal in accordance with Labor Law.

Dismissal due to staff reduction falls under Article 71 and must be carried out in two cases:

1. Upon liquidation of the position as a whole.
2. When reducing staffing levels for a given position.

In any enterprise, large or small, there are positions that are occupied by only one employee, for example, the head of the hot laying department. If such a position is reduced, then the employee who occupies it is dismissed.

In large enterprises, there are positions that are occupied by several (sometimes several dozen) people, for example, a commuter bus driver. Here, not all positions can be cut, but only the number of employees can be limited, for example, “reduce the number of employees from 25 to 15.” Then only a part of the persons occupying this position will be laid off; a number of other provisions of the Labor Code will come into force here.

Dismissal of workers is also carried out in case of reorganization of production. For example, when installing new equipment that eliminates jobs.

But in any case, staff reductions are carried out in accordance with Art. 178. And it is necessarily preceded by the approval of a new staffing table, which becomes the basis for the reduction and termination of an employment contract with a specific person.

When an enterprise or individual entrepreneur is liquidated, employees are also dismissed (Part 2 of Article 140). But in this case, all employees are fired, including those categories that are not subject to layoffs, for example, pregnant women caring for a baby, etc.

Who do not have the right to be laid off?

After the approval of the new staffing table, which contains a number of provisions providing for staff reductions, the question of cutting real jobs will arise. Thus, it will be considered which of the employees should be fired and which should be retained. A number of categories have protective guarantees that prohibit their dismissal.

Yes, Art. 261 of the Labor Code of the Russian Federation provides for special rights of the following categories:

1. Pregnant women.
2. Mothers with children under 3 years of age.
3. Single mothers with children under 14 years of age.
4. Mothers raising children with disabilities, under the age of 18.
5. Persons raising children without a mother under 14 years of age.

According to Art. 269, you cannot fire an employee who is under 18 years of age.

You cannot fire an employee who is on temporary sick leave or on vacation.

Important! Dismissal of these categories of workers is possible only with the complete liquidation of the organization. If a position is eliminated, the person must be offered another vacant position. However, it does not necessarily have to be equivalent in terms of qualifications and remuneration.

Some other categories of workers also enjoy the right of advantage in the case of equal performance and qualifications (Article 179):

1. If this employee is the only employee in the family with earnings.
2. Disabled people who received injuries or occupational diseases at this enterprise.
3. Disabled WWII or disabled combatants in defense of the Fatherland.
4. Employees who undergo training (upgrade their qualifications) in the direction of the organization on the job.
5. Employees with two or more dependents.

In what cases will dismissal be unlawful?

From all of the above, it should be concluded that a number of people of several categories cannot be dismissed due to staff reduction; they must be offered another job, they can be dismissed only then by agreement of the parties or at their own request. Here, dismissal due to staff reduction would be unlawful.

One more important point is the decision of some managers to propose dismissal by employees not due to staff reduction, but at their own request. This is usually dictated by the desire to save on payments due to the category subject to reduction. But not entitled to persons resigning of their own free will. If you dismiss at your own request, you will not be able to appeal against illegality.

It will be unlawful to dismiss a person who is on sick leave or on vacation. The procedure for dismissing employees due to staff reduction has a clearly defined mechanism that provides for a number of actions.

If at least one of them is violated, dismissal may be considered unlawful. This:

1. Drawing up and approval of a new staffing table.
2. Notifying employees about staff reductions (posting an order) 3–2 months before the expected date of staff reductions.
3. Notification individually to each employee (in writing) at least 2 months before the proposed dismissal.
4. Issuance of a dismissal order.
5. Full payment to the employee on the day of dismissal.

Here, for example, dismissal without written notice to each individual may lead to the unlawful dismissal of a particular employee (he was not properly notified).

In practice, the absence of one of the listed management steps may be considered illegal dismissal.

Reasons and grounds for reducing the salary of an employee of an organization

It should be noted that reducing the salary rate of an employee due to the difficult financial situation of the employer is unlawful. Therefore, considering it as one of the alternatives to downsizing is not entirely correct. Moreover, it is legally prohibited to reduce workers’ wages due to the difficult financial situation of the organization (enterprise).

Reductions in tariff rates are carried out in accordance with Art. 74 of the Labor Code of the Russian Federation and this is possible:

1. If there are changes in equipment and/or production technology.
2. In case of improvement of workplaces (based on certification).
3. During structural reorganization.
4. Other reasons put forward by the employer (but they can be challenged in court).

Provided that these changes entailed a decrease in the actual amount of labor required to perform the job function. At the same time, change labor function it is forbidden.

For example, equipment (car) was purchased, which now performs part of the physical work of a loader worker for him. In this regard, his rate was reduced by 30%. Or if, as a result of a structural reorganization, the employee no longer needs to perform one of the actions he performs, for example, when packing goods, there is no need to carry wrapping paper, which is 25% of the amount of work performed.

In this case, such a reduction in the tariff salary must be preceded by a number of actions on the part of the enterprise:

1. Issuance of an order on the need and implementation of changes, with their justification. Carrying out other activities necessary to make changes.
2. Notifications to the primary trade union organization.
3. Notification of the employee about upcoming changes in working conditions 2 months in advance (in writing).
4. Concluding an additional labor agreement, which will reflect changes in the tariff rate.

In case of disagreement with a reduction in the tariff rate, the employee may be offered another workplace at the same enterprise, or he may be fired:

1. According to clause 2, part 1, art. 81 for staff reduction. Here he will be paid all due compensation.
2. According to clause 7.ch. 1 tbsp. 77 as someone who refused to work under the new conditions. In this case, payments fall under Part 3 of Art. 178.

If a person was notified of the changes and began work after the expiration of 2 months, but the additional agreement was not signed, then this is interpreted as actual consent to a reduction in the tariff rate.

Procedure and rules for laying off an employee at an enterprise

Staff reductions concern specific person only when he was informed under his signature that he would be fired due to staff reduction. The employee must be notified at least 2 months before the expected date of dismissal. If for any reason he refuses to sign the order for familiarization, then an act is drawn up, which indicates his notification.

After notification of a job reduction, management, if there are vacancies at the enterprise, must offer them to the dismissed person. In addition, if there are vacancies in another area, they may also be offered.

If during the period of these two months a person manages to find another job, he can notify management using a written application and will receive a payment earlier. In this case, he will be paid compensation in the amount of average monthly earnings.

On the day of dismissal, the employee is given a work book with all the entries made in it, as well as a certificate of income for the last 2 years, and all other certificates required by the dismissed person.

Held in mandatory full payment. In some cases, a dispute arises over payments. If this happens, then only the undisputed amount is paid on the day of dismissal.

Important! The period of 2 months for notification of layoffs is established by law for permanent employees. Temporary employees must be notified at least 2 weeks in advance. For those hired for a period of up to 2 months, this time is 3 days.

Procedure for calculating payments

The funds must be accrued and issued to the dismissed person on the day of his dismissal. The day of dismissal is the day of full settlement with the employee.

The only exception is when an employee disputes the amount of payments. Then on the day of dismissal he must be paid the undisputed amount.

The amounts of these payments are usually significant; often the employer asks employees to resign of their own free will or by agreement of the parties. With these formulations, payments for job search and additional benefits are not provided.

The amount of cash payments will depend on several factors:

1. Forms of employment: permanent or temporary.
2. Size wages the person being dismissed. In fact, all states are calculated from the average salary of the dismissed person.
3. Number of unpaid other payments: vacations, sick leave, business trips.

Terms and amount of funds accrual

Upon dismissal, a full settlement is made with the employee, and he will not only be given the requested certificates, a work book and the employment contract will be terminated, but also a full monetary settlement will be made. The amount given to the dismissed person must include all payments due to him. Among them will be:

1. The amount of severance pay is equal to the average salary for 1 month.
2. The amount of average earnings paid during the job search (for 2 months, sometimes 3).
3. The amount of additional compensation (2 more average monthly salaries).
4. Compensation in cash for all unused vacations.
5. Payments for all unpaid sick leave and travel allowances.
6. Wages for hours worked (the day of payment is also paid).

Important! If there were paid but unused items, the money will not be returned.

For temporary workers, amounts are calculated in biweekly amounts.

Rights and guarantees of employees during layoffs

The legislator has provided some rights and guarantees for workers who are subject to redundancy. They are mainly aimed at a more systematic dismissal, in which there is a period that should allow the dismissed person to adapt to new conditions and find work.

A number of rights and guarantees are provided for in Article 81. Here, the employer undertakes to offer the employee who is being laid off another vacant position at the enterprise (if there is one). If the company has branches or divisions, including in other cities, then the employee may be offered a job there.

An employee can take advantage of another right (Article 179) if he managed to find a job before the expiration of the 2-month period. Here, by agreement with the employer and on the basis of a written statement, he can be fired earlier, but he is paid a benefit in the amount of average monthly earnings.

In addition, with this type of dismissal, persons have the right to severance pay in the amount of two average monthly salaries and unemployment assistance from the employment service for 2 months (Article 178).

The rights of the dismissed person also include the employer’s obligation to notify the employment service authorities about planned events 3 months in advance. It is believed that this will allow laid-off persons to find work more quickly.

1. When considering the benefits pursuant to Art. 179, then they act only when considering the position held. If an employee applies for another position, then they may not be taken into account here.
2. Temporary disability is a reason that does not allow dismissing an employee under Art. 178. But dismissal after the end of sick leave cannot be canceled. As a rule, in such cases, you will be able to work a little longer, but not avoid being fired.
3. Sometimes it becomes necessary to obtain a certificate from a previous place of work. According to the law, it can be obtained both upon dismissal and after it. At the same time, there are no deadlines that would limit the receipt of this or that certificate. But the employer must provide it within three days after the application. In this case, the document must contain all the necessary details and be certified.

Dismissal due to staff reduction is one of the reasons for the dismissal of an employee and termination of his employment contract. Reducing staff and number of employees is necessary to optimize the work process. Dismissal on this basis is the most common, but also the most problematic.

The dismissal procedure due to staff reduction includes several stages:

• issuance of a reduction order (not to be confused with a dismissal order due to staff reduction). This order gives a “signal” to begin measures to reduce staff or the number of employees. Without signing such an order, the employer does not have the right to fire anyone;
• notification of employees who are being laid off. Notification must be given at least 2 months before the expected date of dismissal. The notice must be in writing and given to each employee who is being terminated. This document must indicate the date of dismissal and the grounds. The employee must sign the notice. This means that the employee has become familiar with the upcoming staff reduction;
• offering laid-off employees another job. The employer is obliged to offer all employees who have been laid off other vacancies that correspond to their qualifications and work experience. A list of vacancies is usually specified in the notice of dismissal. If the employee agrees to one of the proposed vacancies, he writes “agree” on the notification itself. If he does not agree, then this must be indicated. The employer must offer the employee available vacancies until the day of dismissal. There is no deadline set by law. When an employee must accept the proposed vacancy. If the employee agrees, then a transfer to another position will follow; if not, then dismissal.
• if there is a trade union at the enterprise, then it is necessary to notify it of the upcoming layoff. This must be done no later than 2 months before the expected date of layoffs. If there is a massive reduction, then within 3 months. You also need to notify the employment center 2 months in advance.
• dismissal of workers. An order for the dismissal of employees (full names of all laid-off employees) due to staff reduction is issued.

The employer is obliged to pay all dismissed employees severance pay in the amount of the average monthly earnings of a particular employee. Plus, for the duration of the proposed employment, the employer must pay the employee 2 months of average monthly earnings. If within 2 weeks after dismissal an employee registered with the employment center at his place of residence and was unable to find a job, then the employer is obliged to pay for the 3rd month.

Sometimes employees do not wait until two months have passed from the date of notice and look for a new job. If an employee quits before the end of the 2-month period at his own request, the employer is also obliged to pay him a benefit in proportion to the remaining time.

In addition to these payments, the employee must also receive:

• wages for actual time worked;
• compensation for unused vacation;
• other payments that may be provided for in an employment or collective agreement as additional compensation in case of staff reduction.

Dismissal of an employee due to staff reduction is the longest and most problematic procedure. HR officers often make mistakes when filling out paperwork and incorrectly notify employees, which gives the latter the right to file a lawsuit for wrongful dismissal, be reinstated at work, and receive compensation from the employer for moral and material damage caused.

Not all employees can be laid off. It is prohibited by law to reduce:

• pregnant women;
• women with children under three years of age.

Also, do not forget that some employees have a preferential right to remain at work. Worker with more high level qualifications and labor productivity has the right of priority to remain in the workplace over an employee of a similar profession, but with lower performance.

Who cannot be laid off by law

In Art. 261 of the Labor Code of the Russian Federation provides a detailed list of workers and employees who are immune to staff reduction. That is, they cannot be fired on this basis. These include:

• pregnant employees. It should be understood that the presence of a “belly” is not proof of the fact that a woman is pregnant, so it cannot be reduced. Proof can only be a corresponding certificate from the medical institution where this woman is registered for pregnancy. The certificate is issued on a special form, certified by the signature of the attending physician, the head of the antenatal clinic, the chief physician, as well as the seal of the medical institution;
• women who are raising a child or children until they reach the age of three. Proof of this fact is a copy of the birth certificate of the child (children);
• single mothers who raise children under 14 years of age, or children with disabilities until they reach adulthood. This fact is confirmed by a corresponding certificate, which is issued by the social protection department. The child’s age is confirmed by a copy of the birth certificate, and the fact of disability is confirmed by relevant medical documents.

The last 2 points apply not only to mothers. If, instead of the mother, the father is involved in upbringing, provided that the child’s mother has died or was deprived of parental rights in relation to him, or another relative, then the rule of non-reduction applies to him.
That is, the Labor Code provides guarantees to those citizens who have minor children as their dependents. But any benefit must be documented. Therefore, the employee who is raising a child on his own must submit documents about this to the HR department, as well as confirm his relationship with the child.

The procedure for dismissing employees during staff reductions

To avoid problems later in the form of court hearings regarding an incorrectly carried out dismissal procedure, it is necessary to observe all the details of dismissing employees due to staff reduction.

First, the employer must issue an order to the enterprise regarding the upcoming layoff. This must be done 2 months before the start of the procedure. In addition, each employee must familiarize himself with the order and put his signature on the document.

This order must contain a list of those persons who are not subject to reduction by law. Each employee who is on this list must also be familiarized with this list against signature. Then you need to notify each employee of the upcoming dismissal due to staff reduction. The notice must be in writing and each employee facing layoff must sign. This does not mean that he agrees with the dismissal! This indicates that he was informed of the upcoming event. If an employee refuses to sign, it is necessary to draw up a statement of refusal.

If an employee wishes to resign earlier than the date specified in the notice, then there should be no problems with this on the part of the employer. However, the employer must pay such an employee additional compensation.

All employees who will be laid off due to staff reduction must be offered vacant positions that correspond to their skill level and work experience. The proposal must be in writing. If the employee agrees to this vacancy, then he writes “agree” and puts his signature. If he refuses, then “disagree” and sign accordingly.
Job offers must be made before the notice period expires. If there are no vacant positions, then it is necessary to draw up a document about this, which will be signed by the head of the enterprise. If the enterprise has minor workers who are being laid off, then it is necessary to obtain the consent of the State Labor Inspectorate and the Commission for the Affairs of Minors and the Protection of Their Rights to dismiss minor employees. This is stated in Art. 269 ​​Labor Code of the Russian Federation.

If there are employees who agree to take other positions, then it is necessary to properly formalize their transfer. Those employees who do not accept the proposed vacancies are subject to dismissal. They need to be paid compensation for the loss of their jobs, as well as vacation pay and wages. If all the nuances are not followed, dismissed employees may sue the employer. The subject of the claim will be illegal dismissal. If the court recognizes this fact, then all laid-off workers will be reinstated in their jobs, and the employer will have to pay a fine.

How is severance pay calculated?

The employer is obliged to pay severance pay to all employees who are dismissed due to staff reduction. This is a kind of compensation on his part for depriving these people of the right to work.

In Art. 178 of the Labor Code of the Russian Federation states what payments the employer must make. He must pay:

• wages for the time actually worked by the employee;
• compensation for vacation days that he did not have time to take off;
• severance pay.

Severance pay is paid for the next 2 months after dismissal. If the employee does not find a job within this period, but registers with the employment center at his place of residence (this must be done within two weeks after dismissal), then the employer must also pay him benefits for the 3rd month.
The fact that the former employee is still not employed must be confirmed to the employer. The employee must do this himself. Only after this can he count on receiving benefits for the 3rd month.

Severance pay is calculated based on the employee's average monthly earnings over the last year. The accounting department handles the calculations. The employer is obliged to pay benefits for 2 months. But if the employee is hired within the second month after dismissal, severance pay is paid only for those days when the employee did not work. This fact is confirmed by an entry in the work book. But as practice shows, the employer pays benefits immediately for 2 months. In addition, if an employee agrees to dismissal before the expiration of 2 months before the proposed reduction, the employer must pay him severance pay for another 1 month.

To pay severance pay, it is necessary to calculate the average earnings of a specific employee for Last year. For example, an employee quits in March 2018. Then the billing period will be from 03/01/2017 to 02/28/2018. If he has not worked for even a year, then the actual time worked is taken for calculation.

For the calculation you need to take into account:

• the employee's salary;
• various incentives and compensation payments.

No need to consider:

• vacation pay;
• payments for sick leave;
• compensation for unused vacation or other payments that are in no way related to work.

It is also worth taking into account the number of days actually worked by this employee during the accounting year.

Compensation for dismissal due to staff reduction

Without paying compensation, an employer cannot lay off its employees. This is a violation of the rules labor legislation. The compensation must be paid on the last working day along with wages and vacation compensation.

A resigning employee can enter into an agreement with the employer and resign by agreement of the parties. In this agreement, the employee can indicate the desired amount of severance pay, which will not depend in any way on his average earnings. As a rule, employers agree to such dismissals, since this frees them from complying with the personnel reduction procedure and “paper” work.

Given the difficult economic situation in the country, staff reductions are not a rare occurrence. Even highly qualified employees are not immune from it, but some have preferential rights. From this article you will find out who gets laid off first, who is given preference at equal skill levels, and who cannot be fired at all on this basis.

What is an abbreviation

There are 2 concepts - downsizing and downsizing. In Art. 81 of the Labor Code of the Russian Federation does not spell out the differences between them. In practice, the difference is also insignificant. In the event of a reduction in numbers, the position is retained staffing table, but the number of people occupying it is decreasing. When staffing is reduced, the position is eliminated.

The reasons for downsizing at an enterprise are:

1. Difficult economic situation in the country.
2. Merger, reorganization or accession of companies.
3. Internal optimization.

Who gets laid off first and why?

Interesting information

Not only specific positions, but also entire divisions, divisions, and departments may be subject to staff reductions. The employer has every right to do this. However, in both cases, during layoffs, respect for the rights of workers is mandatory, and those who are not allowed to be fired must remain at the enterprise. If entire departments are going to be cut, then employees who have “special” rights should be transferred to other departments.

Let's look at who gets laid off first at work and on what basis. The employer determines preferential rights, and a certain algorithm is provided for this:

1. Employees who are prohibited by law from being laid off are excluded from all candidates for dismissal. According to Art. 261 of the Labor Code of the Russian Federation, these include pregnant workers, mothers of children under 3 years of age, single parents with children under 14 years of age or disabled children under 18 years of age, as well as some others. It is prohibited to dismiss employees in connection with layoffs. maternity leave(Part 4 of Article 256 of the Labor Code of the Russian Federation and Part 6 of Article 81 of the Labor Code of the Russian Federation).
2. The remaining workers are assessed on their skill levels and productivity. The comparison is made between employees who occupy the same positions created within the same structural unit. Correctly evaluate the qualifications of two leading accountants working in the same department. It is incorrect to compare a leading specialist and a category 2 accountant - this is indicated in the appeal ruling of the Moscow City Court No. 33-27711/2015 dated 08/06/2015. Similar rules apply to the assessment of labor productivity.
3. If the comparison reveals equal levels of qualifications and labor productivity, then the family circumstances and other benefits when an employee is laid off. There is one exception. If a position is abolished or all staff positions in one position are reduced, then preferential rights are not taken into account. This is indicated in the appeal ruling of the Moscow City Court No. 33-1708 dated January 22, 2015.

What are preemptive rights and who has them?

Given equal levels of qualifications and labor productivity of employees, preference is given to those who have advantages in the reduction of staff. According to Art. 179 of the Labor Code of the Russian Federation, the following categories of workers can apply for job retention:

• family people who have two or more dependents (minor children, other disabled family members who are fully supported by the employee or regularly receive assistance from him, representing their permanent and main source of livelihood);
• the only “breadwinners” in the family are employees whose families do not have other people with a regular income;
• employees with injuries and occupational diseases received while working in this organization;
• workers who are this moment improve their qualifications as directed by the employer.

If you were illegally fired due to layoffs, you need to contact several authorities. First, send a written application to the organization's trade union. The union must consider the complaint within a week. This case may also be considered by the Federal Labor Inspectorate and the prosecutor's office. If the trade union and the labor inspectorate do not reveal any violations, then a lawsuit must be filed.

• military spouses;
• military personnel transferred to the reserve;
• authors of inventions;
• disabled people of the Second World War and combat operations;
• persons affected by radiation;
• and some others.

Preferential rights to remain at work may also be provided for by internal collective agreements in company.

How employees are compared

Some facts

Upon termination of an employment contract due to the liquidation of an enterprise, or a reduction in the number or staff of a company's employees, the dismissed employee must be paid severance pay in accordance with the average monthly salary. For a dismissed employee, the average monthly salary is recorded for the duration of the job search for 2 months from the date of dismissal.

The law does not describe specific requirements for the identification procedure preemptive rights workers. Practice shows that courts place more trust in the decisions of commissions when recording the results in writing.
Here are the main nuances that should be taken into account when comparing candidates for reduction:

1. It is recommended that the commission include heads of departments where staff reductions are planned, as well as members of the trade union organization and specialists from other structural divisions (lawyers, personnel officers, those responsible for quality control, etc.).
2. An order should be issued to organize the commission, defining the competence of each of its members. Personnel officers may be responsible for providing information about penalties and incentives imposed. Department heads should be entrusted with the generation of work reports, compilation of characteristics, etc.
3. It is advisable to draw up summary tables that reflect the results of comparing the qualifications and labor productivity of workers according to a number of criteria.
4. The commission's findings should be recorded in the official minutes of the meetings.
5. The commission must make its conclusions based on the results of comparing the labor productivity of each employee, taking into account the entire set of criteria. The decision that one employee has higher qualifications because the second has less experience is considered illegal by the court.
6. If candidates for layoff are registered in a trade union and regularly pay membership dues, the employer is obliged to take into account the opinion of this organization on the advisability of dismissing a particular employee. This is the requirement of Part 2 of Art. 82 Labor Code of the Russian Federation.

Watch a video that will tell you about the categories of workers who are prohibited from being laid off

List of persons who cannot be dismissed due to reduction

The list of those who cannot be laid off by law includes the following categories of workers:

• temporarily disabled persons;
• employees on leave (including student leave and unpaid leave);
• mothers of small children under 3 years of age;
• women and men raising alone a child under 14 years of age or a minor child with a disability;
• members of the trade union organization.

Those who cannot be laid off from work also include pregnant employees and women on maternity leave. If an employee from the “untouchable” category is nevertheless fired due to staff reduction, he will be reinstated at work automatically by court decision.

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