Sometimes the reason for the dismissal of one or more employees of an enterprise is not the decision of the employer or the employee himself, but an objective necessity. The situation may be related to the transition to a new (automated) level of production or to the fact that the organization no longer needs the same number of employees. In such cases, there is a reduction in the number or staff of employees.

For the employer, this becomes a legal tool that allows optimizing staff composition and structure staffing table. However, the use of such a technique is associated with a large number of nuances and requires compliance with many rules.

Basic concepts and terms

In order to understand the intricacies of the topic and understand who, how and under what circumstances can be fired if there is a reduction in staff, you should define the main concepts:

1. The number of employees is the number of all employees of the enterprise, in other words, this is the payroll. If we're talking about about dismissing several representatives of the same profession performing similar functions, while maintaining the position on the staff list, then this is a reduction in the number of employees. An example would be the dismissal of three out of five architects.
2. The staff of employees is absolutely all positions represented in the company (managerial, administrative, workers and others). Their list represents the staffing table, in accordance with which the structure of the organization’s personnel is formed.
3. Reducing the number of staff may be necessary in order to exclude from the list positions that duplicate each other, or those that can be combined into one staff unit. This concept also includes measures aimed at eliminating any division.

This means that staff reduction is accompanied not just by a decrease in the number of employees with the same responsibilities, but also by the dismissal of all employees performing specific job functions. Returning to the example above, a downsizing would result in all five architects being laid off. Perhaps it is more profitable for the company not to keep these employees on staff, but to hire them from time to time to perform a separate task (outsourcing).

Legislation on dismissal due to staff reduction

Legal aspects accompanying the breakup labor relations due to changes in the structure of the staffing table, it is regulated by the Labor Code of the Russian Federation. A reduction in the number of employees (due to the liquidation of an organization or a change in its owner) is discussed in Article 81. Other common situations related to the termination of contracts with employees at the initiative of the employer are also listed here.

Among other cases, this article provides for the procedure for dismissing employees:

Who can be laid off?

The decision on which the reduction of the number or staff of employees depends is made by the employer, but at the same time he must take into account the rights of employees enjoying certain benefits.

When considering candidates for employees subject to dismissal, the manager is obliged to comply with the rule set out in Art. 179 TK. It states that staff reductions should occur at the expense of the least qualified personnel, who have the lowest labor productivity indicators. The practical implementation of this rule is often associated with an assessment of the experience and length of service of employees. It is assumed that those who have recently worked at the enterprise represent the least value to the team.

To assess the importance of an employee great importance also has the result of the qualifying exam, his education and the level of performance for the previous period. This means that when comparing two workers occupying the same position, preference will be given to the one who has higher education. His colleagues who received secondary specialized education will probably be laid off.

Categories of personnel not affected by dismissal due to staff reduction

The reduction in staff does not affect the following categories:

• Parents of children with disabled status.
• Mothers and fathers raising children on their own (single).
• Parents large families until the time youngest child will not be 14 years old.
• Citizens who are the sole breadwinners of their families.
• Employees who have suffered an occupational injury or illness as a result of their work at that company.
• Disabled people affected by wars Chernobyl disaster or the Semipalatinsk trials.
• Employees of the company who have awards (Hero of the USSR, Knight of the Order of Glory) or the title of inventor.
• Workers who combine their work labor functions with training.

Dismissal due to staff reduction does not affect those employees who are members of a trade union or act as elected representatives of the work collective and take part in negotiations with the company's management.

Also, employees of the enterprise who are on sick leave, regular leave or maternity leave. True, this can be done with their written consent or upon complete liquidation of the company.

How retirees and part-time workers are laid off

The Labor Code of the Russian Federation (Article 3) contains a ban on employer discrimination based on age. Most often this applies to workers who have reached retirement age and continue to fulfill their job responsibilities. If necessary, they will also be affected by staff reductions, but their use social status as grounds for dismissal is illegal.

Taking into account the experience and qualifications of pensioners, they, on the contrary, fall under the definition of employees with preferential rights. Based on the fact that they can be one of the most useful employees of the enterprise, they are the last to be laid off.

When planning the dismissal of an employee who combines two positions, the employer performs almost all standard actions. The only difference is that the law does not establish whether it should accrue payments to such an employee.

In fact, redundancy benefits are necessary for those who lose their source of income. However, while remaining in the company, the part-time worker continues to receive wages. Here the decision on payments and their amount remains with the employer.

Why do employers resort to layoffs?

The state allows enterprise managers to independently decide on the need to reduce staff or the number of personnel. However, in the event of controversial situations, the economic feasibility of these measures can be verified by the judiciary.

This condition places the obligation on the employer to inform its subordinates about why the workforce is being reduced. This information is set out in the relevant order and may be related to the following factors:

• With a low level of profitability. The lack of profit does not allow management to pay at the proper level for the work of the previous number of employees. By reducing labor costs, an organization can save some money to pay off debts or purchase a new batch of materials.
• Ineffective staff structure. If among the organizational positions there are those that duplicate each other or are not valuable for maintaining economic activity, their elimination will be justified.
• Introduction of new technologies or equipment. When production becomes more automated and does not require the same number of employees, staff reduction can significantly reduce costs and increase profitability.

What rules must an employer follow when reducing staff?

The forced dismissal procedure can significantly affect the well-being of those employees who are subject to layoffs. It is not always possible for them to find workplace with the same conditions as at this enterprise. For this reason, the state dictates certain conditions to managers, compliance with which to a certain extent protects the interests of dismissed workers:

In the event that the company’s management “forgets” to inform the employment service about its intentions, in addition to fines, the court may oblige them to pay wages to employees for forced absences.

How staff reduction occurs: step-by-step instructions

Any head of a company or organization, when planning and implementing staff reduction measures, must know and comply with all legal norms and requirements. Ignoring or unintentionally violating one or more rules can lead to quite serious consequences: a fine or legal proceedings.

Based on this, the employer is interested in implementing a phased reduction of staff (the Labor Code of the Russian Federation establishes a list necessary documents and procedures):

In the event that an employee does not agree to the transfer and continuation of cooperation with the company, the last on the list of required documents is an order for his dismissal. The unified form T-8 is recognized as usual for this document.

How is dismissal due to staff reduction completed: compensation for vacation, severance pay

The dismissal of an employee who was informed on time and refused the offered vacancies takes place simultaneously with the payment of all necessary funds to him.

Along with the work book, the former employee is given:

• Wages accrued for the last period worked.
• Compensation payments for unused vacation (if any).
• Special payments in case of staff reduction (severance pay). Their amount is often equal to the average salary, but can be higher if this is specified in the collective agreement.

The company continues to pay redundancy benefits to the employee for another two months if he is listed on the labor exchange but cannot find a job. Its size is set at the average salary, but it does not take into account the amount that has already been issued.

If an employee wishes to resign earlier than the deadline set by the employer, he must be paid the money accrued for unworked time. That is, in fact, in any case, he will be paid for the two-month period between the announcement of the reduction and the date on which this procedure is planned.

Payments to certain categories of personnel

The procedure for laying off some employees is slightly different from the one outlined above. This is due to the non-standard nature of their work functions or special circumstances:

1. For those employees whose duties are considered seasonal, redundancy payments amount to an amount equal to the average salary for two weeks.
2. Employees of organizations located in the Far North receive a one-time payment severance pay and the average salary for three months (if they are not employed earlier).

What will be indicated in the work book

According to Art. 81 of the Labor Code, staff reduction is indicated as a basis for termination of an employment contract in the employee’s work book. It is issued on the day of dismissal along with the accrued amount of money. Upon receipt of them, the former employee of the enterprise signs several documents (personal card, work record book, insert).

The confirmation of the entry that the employment contract has been terminated is the signature of the HR department employee (who maintains work records) and the employee being dismissed, as well as the seal of the manager.

What should an employee's behavior be like when being made redundant?

When a person receives notice that he is planning to be laid off, he should take the following actions:

1. Make inquiries about the list of persons who do not have the right to dismiss and find out if he is included in this category. In the event that they discover any factor that gives the right to privileges or benefits, this should be stated in a letter and submitted to the manager. The best option It is considered that the letter is drawn up in two copies. One of them is given to management with a request to put a mark of receipt on the second. This will be useful evidence in favor of the employee if the case goes to court.
2. Present demands regarding an alternative place of work at this enterprise. The employee does not have to agree to the offer, but a written refusal by the employer to provide vacancies may also become grounds for canceling the decision to lay off.
3. To receive additional payments, you must register with the employment service within a period of no more than two weeks after the staff reduction was made. The Labor Code of the Russian Federation specifies exactly this period. Then the employee becomes entitled to two months' allowance (average wage) if he fails to find a new job.

Most important aspect concludes that the employee should not write a letter of resignation himself after he becomes aware of the upcoming layoff.

Also, you should not give in to your boss’s persuasion and compromise, because dismissal by agreement of the parties does not provide for the payment of severance pay.

Professions at risk

Given the complex economic situation, reductions may affect a fairly wide range of companies and organizations. Doctors and teachers may not fear for their jobs, but many firms will still undergo reorganization.

Among employees of budgetary enterprises, funding for the following professions may be limited:

• Employees involved in the telecommunications sector.
• Librarians.
• Postal workers.
• Mosgotrans employees.
• Reduction of the staff of the Ministry of Internal Affairs.

In addition, some employees of state and commercial banks will have to look for new jobs.

Experts say that against the backdrop of such a disappointing situation and in the absence of wage increases, many highly qualified personnel will quit on their own initiative. Without waiting for layoffs, they will learn new relevant professions or look for applications for their talents in other countries.

16.05.2016 05:46

When reducing staff, employers often take actions that, as a result of legal proceedings, allow former employees get back to work. What are these actions?

1. Dismissal due to reduction of an employee due to his inability to cope with his work

The employer has the right to decide to change the staffing table, as the Constitutional Court of the Russian Federation has repeatedly noted (see, for example, the rulings of the Constitutional Court of the Russian Federation dated March 24, 2015 N 499-O and dated July 16, 2015 N 1625-O). Therefore, when considering labor disputes regarding staff reductions, courts usually do not discuss the validity of the decision to reduce staff (this can be both business interests and economic reasons).

But if the employee claims that the employer’s decision to reduce the number of employees was made not in the interests of production, but in order to get rid of an unwanted employee, then the court will check the grounds for the reduction (Definition Supreme Court RF dated December 3, 2007 N 19-B07-34). Therefore, when dismissing an employee due to staff reduction, make sure that he sees that the dismissal has nothing to do with his work or personality: describe in detail in the order to reduce staff the reasons why such a decision was made.

2. Dismissal of workers from protected categories

It is prohibited to dismiss some employees at the initiative of the employer, even when staffing is reduced.

The court will necessarily reinstate these workers (Article 261 of the Labor Code of the Russian Federation):

• pregnant woman;
• a woman with a child under 3 years of age;
• a single mother raising a young child under 14 years of age or a disabled child under 18 years of age (Part 4 of Article 261 of the Labor Code of the Russian Federation), Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1;
• a person raising a young child under 14 years of age or a disabled child under 18 years of age without a mother;
• parent, if (Definition of the Constitutional Court of the Russian Federation dated 03/05/2013 N 435-O):

a) he is the sole breadwinner of a child under 3 years of age or a disabled child under 18 years of age;

b) a family of three or more children under 14 years of age;

c) the other parent is not in an employment relationship.

3. Upon dismissal, the priority right to remain at work is not taken into account

According to Art. 179 of the Labor Code of the Russian Federation, when reducing the number or staff, employees with higher labor productivity and qualifications are provided preemptive right leaving work. However, it is not always necessary to evaluate the preferential right to remain at work.

Thus, it is not necessary to evaluate the preemptive right and, accordingly, create a commission if the position being eliminated is unique, that is, the only one of its kind in the staffing table (see, for example, the Appeal ruling of the Nizhny Novgorod Regional Court dated February 25, 2016 N 33-1604/2016 ).

In addition, it is not necessary to evaluate the preemptive right if all identical positions in a given department are subject to reduction (see, for example, the Appeal ruling of the Moscow City Court dated November 20, 2015 N 33-43335/2015).

But if in your situation one of several identical positions in the department is being laid off, then it is necessary to draw up documents confirming that when deciding who exactly to lay off, you took into account the employees’ pre-emptive right to remain employed.

Please note that when checking the accounting of an employee’s preferential right to remain at work, the courts check the existence of an order to create a commission, the objectivity of the commission’s decision-making, evaluate the materials reviewed by the commission and the conclusions reached (see, for example, the Appeal Ruling of the Supreme Court of the Republic of Bashkortostan dated November 24, 2015 on case No. 33-20292/2015, Appeal ruling of the Sverdlovsk Regional Court dated March 3, 2015 in case No. 33-2914/2015).

4. Workers are not notified or incorrectly notified of staff reductions

Art. 180 of the Labor Code of the Russian Federation obliges the company to notify the employee of the upcoming dismissal due to staff reduction against signature at least two months before the dismissal. Often the employer makes mistakes in determining the terms of notification. For example, if a notice is given to an employee on May 23, 2016, then he should be fired no earlier than July 23, 2016, or better yet July 25, because July 23 and 24 will be days off and the company is unlikely to be willing to pay HR officers overtime just to process dismissal for those being made redundant on weekends. Notifying the employee further in advance is not prohibited. The employee’s last day of work in this case will be July 25, and from July 26 the position can be excluded from the staffing table.

Pay attention to the psychological component of delivering notices. Try to ensure that, upon receiving notice of layoffs, the employee does not immediately go to the labor inspectorate or court. Therefore, try to protect the feelings of the person being laid off as much as possible. Avoid the phrases “We are firing you, laying you off.” Emphasize that the company was forced to take such a step solely by economic circumstances that had nothing to do with the employee’s personality, and the company intends to maximally respect his rights during layoffs.

If an employee refuses a notification, you cannot simply agree with it and not notify, because the fact of notification will have to be confirmed in court. In this case, it is necessary to read the notice out loud to the employee and draw up a corresponding report.

5. The employee is not offered (or not all suitable) vacancies are offered

As a rule, companies try to offer vacancies to employees, fulfilling Art. 81 Labor Code of the Russian Federation. It is rare that employers directly violate the law. The problems arise rather in the details of the job offer. Often, courts reinstate employees precisely because not all vacancies were offered. The courts carefully check staffing schedules and job offers to see if they match (see, for example, the Appeal ruling of the Krasnoyarsk Regional Court dated 02.02.2015 in case No. 33-949/2015, A-9).

It would also be a mistake not to offer the employee lower-level vacancies. For example, an engineer being laid off should be offered in writing vacancies for workers, cleaners, security guards and other lower-level personnel. Should I offer a higher position? You shouldn’t, but only if you know for sure that the employee does not have diplomas that allow him to take a higher position. To make sure of this, indicate in the notice that the employee has the right to provide other documents he has about education, experience, etc.

If you have a lot of laid-off workers and a lot of vacancies, the employer decides which of those laid off and which vacancies are offered first, this will not be a mistake (see, for example, the Appeal ruling of the Supreme Court of the Republic of Bashkortostan dated 04/17/2014, the Appeal ruling of the Moscow City Court dated 12/24. 2015 in case No. 33-47158/2015). The employer is not required to offer temporarily vacant positions (for example, if the employee is on maternity leave); this is also not considered an error when offering vacancies (see, for example, Determination of the Moscow City Court dated May 29, 2014 No. 4g/8-3516).

6. Errors in personnel registration of employee dismissal

When dismissing at the initiative of the employer, it is especially important to avoid mistakes when preparing personnel documents on dismissal. Let's remember which documents are so important that they can become a reason for reinstatement of an employee.

This is, first of all, a dismissal order (in the T-8 form or in the organization form) with the wording of dismissal in accordance with the Labor Code of the Russian Federation (Article 84.1 of the Labor Code of the Russian Federation). If it is not formalized and the employee is not familiar with it on the last day of work, then the dismissal has not taken place and the employee can continue to work.

A work book with a record of dismissal (Article 84.1 of the Labor Code of the Russian Federation, clause 35 of the Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”) is an equally important document. In addition, it is necessary for the employee to sign the work record book (clause 41 of the Decree of the Government of the Russian Federation of April 16, 2003 N 225). An undocumented work book can also become a reason for reinstatement of an employee.

Of course, the employer needs to draw up a number of other documents: a personal card, a note-calculation, certificates of insurance contributions to the Social Insurance Fund and Pension Fund RF. However, failure to complete these documents will not result in reinstatement of the employee.

The employer is also obliged to make appropriate payments to the employee in connection with dismissal due to staff reduction. On the day of dismissal, the employer is obliged to pay wages for the current month, compensation unused vacation, as well as an allowance in the amount of one average salary (Article 178 of the Labor Code of the Russian Federation). In addition, the employee has the right to receive another benefit in the amount of average monthly earnings after the second month after dismissal (Article 178 of the Labor Code of the Russian Federation), if he has not found a job, as well as after the third month if there is an unfilled work book and a service decision employment. However, violations in payments, as shown arbitrage practice, do not entail reinstatement at work.

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Due to possible difficulties in the economy, some companies are already beginning to seriously think about personnel optimization. Simply put, about cuts. How to organize these events correctly is in our article.

We issue an order and notify the competent authorities

First of all, the enterprise should issue an order to reduce staff and introduce a new staffing table. An alternative option is to make appropriate changes to an existing document (by issuing a corrective order).

The order to reduce staff must contain information about:

· reduced staff positions;

· officials responsible for carrying out reductions.

After this, the following departments are notified about the staff reduction:

· employment authorities;

· primary trade union organization.

Notification in writing is sent no later than two months before the date of dismissal of the employee. In case of mass dismissal, this period increases to three months. The basis is paragraph 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in the Russian Federation”.

Keep in mind: whether a dismissal is classified as mass or not is determined by special criteria that are enshrined in the relevant industry and territorial collective agreements.

At the same time, the primary trade union organization must be notified within a similar time frame. He talks about this.

If the notice procedure or deadlines are not followed, the dismissal of employees may be considered illegal.

Please note: if union members are laid off, the employer is obliged to request a reasoned opinion from the elected body of the primary trade union organization. The union must submit such an opinion within 7 working days. Otherwise it should not be taken into account. If the trade union does not agree with the corresponding dismissal, then it must conduct additional consultations with the employer, the results of which are documented in a special protocol. In situations where it is not possible to reach an agreement, the employer, after 10 working days from the date of the request, has the right to make a final decision on the reduction. The dismissal of a trade union member occurs within a month from the receipt of a reasoned opinion -.

Determining the circle of “privileged” persons

Thus, when reducing staff or numbers, preferential rights should be given to employees who have higher labor productivity and qualifications. The legal basis for this is Part 1 of Article 179 of the Labor Code.

If employees have equal qualifications and labor productivity, then they should leave at work first of all (Part 2 of Article 179 of the Labor Code of the Russian Federation):

· family workers with two or more dependents - disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood;

· persons in whose family there are no other workers with independent earnings;

· employees who received a work injury (occupational disease) while working for this employer;

disabled people of the Great Patriotic War and disabled combat veterans;

· workers who improve their skills at the direction of the employer without interruption from work.

Besides, separate categories employees who have a preferential right to work can be enshrined at the legislative level - for example, by the provisions of Article 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation due to the disaster at the Chernobyl nuclear power plant” and Article 21 Law of the Russian Federation of July 21, 1993 No. 5485-1 “On State Secrets”.

It should be borne in mind that there are categories of employees who, as such, cannot be fired when staffing is reduced. These include (Article 261 of the Labor Code of the Russian Federation):

· pregnant women;

· women who have a child whose age is less than three years;

· a single mother who is raising a disabled child under 18 years of age or a child under 14 years of age.

We warn employees

Retrenched employees should be warned about optimization under signature. The deadline is no later than two months before the date of dismissal of a particular employee. Base – .

Please note: before the expiration of the specified period, the employment contract can be terminated with the written consent of the employee. In this case, he must be paid compensation in the amount of average earnings, which is calculated in proportion to the time remaining before the expiration of the notice of dismissal.

It must be remembered that in cases of violation of the procedure or deadlines for notification of reductions, the corresponding notification may be considered illegal.

We offer vacancies

Optimized employees should be offered other vacancies that are available at this employer.

The employer is obliged to offer those vacancies that (taking into account the state of health):

· correspond to the qualifications of the employee;

· are of a subordinate or lower-paid nature.

Please keep in mind: vacancies that an employer has in another location can only be offered in cases where this is provided for in the provisions of a collective or labor agreement - part 3 of Article 81 and.

The employer is obliged to offer vacancies throughout the entire period of staff reduction - see, for example, the conclusions contained in the Ruling of the Supreme Court of the Russian Federation of June 10, 2011 No. 20-G11-6 and paragraph 29 of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

We terminate employment contracts

Measures to optimize personnel are formalized by a special order, which is drawn up according to a unified form. At the same time, records of dismissal due to staff reduction are made in the work books. Reason – paragraph 2 of Article 81 of the Labor Code.

On the last working day, the employee must receive the following payments:

· final payment wages(including bonuses, allowances and other similar payments);

· monetary compensation for all days of ungranted leave;

· severance pay in the amount of average monthly earnings.

It should also be remembered that in situations where the employer, by agreement of the parties, dismisses an employee before two months, the employee has the right to receive additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal. Reason – part 3 of article 180 of the Labor Code.

Employees retain their average monthly earnings for the period of employment, but for no more than 2 months from the date of dismissal (including severance pay). Base – .

However, to receive average earnings for the second month, the employee must provide the employer with:

· corresponding statement;

· work book (it should not contain a record of employment at the end of the second month from the date of dismissal).

In addition, labor or collective agreement may be provided for (Part 4 of Article 178 of the Labor Code of the Russian Federation):

· other cases of payment of severance pay;

· increased amounts of severance pay.

On the last working day, the employee must be issued the following documents:

· employment history;

· certificate of the amount of earnings for the last two calendar years.

Please note: the employee has the right to appeal dismissal in district court. To do this, he must submit an application to declare the dismissal illegal, reinstated at work and recover average earnings for the period of forced absence. The dismissed employee is given a month to do this from the date of delivery of a copy of the relevant order, the issuance of a work book, or the day on which he refused to receive the dismissal order or work book. Moreover, the ex-employee is not obliged to insist on his own reinstatement. He may, for example, limit himself to demands for the recovery of average earnings for the period of forced absence and changing the wording of the grounds for dismissal.

Summary:

1. The enterprise must issue an order to reduce staff and introduce a new staffing table.
2. Notification in writing is sent no later than two months before the date of dismissal of the employee.
3. If union members are laid off, the employer is obliged to request a reasoned opinion from the elected body of the primary trade union organization. The union must submit such an opinion within 7 working days.
4. When reducing staff or numbers, priority rights should be given to employees who have higher labor productivity and qualifications.
5. Retrenched employees should be warned about optimization under signature. The deadline is no later than two months before the date of dismissal of a particular employee.
6. Vacancies that an employer has in another locality may be offered only in cases where this is provided for by the provisions of a collective or labor agreement.
7. Measures to optimize personnel are formalized by a special order, which is drawn up in a unified form. At the same time, records of dismissal due to staff reduction are made in the work books.
8. Employees retain their average monthly earnings for the period of employment, but no more than 2 months from the date of dismissal (including severance pay).
9. An employee can also receive payment for sick leave in the event of incapacity for work within 30 calendar days from the moment of dismissal.
10. The employee has the right to appeal dismissal in the district court. To do this, he must submit an application to declare the dismissal illegal, reinstated at work and recover average earnings for the period of forced absence.

If you are being laid off, don't panic! You can always find the optimal solution and avoid becoming a victim of “cunning” bosses who really don’t want to pay you severance pay when you leave. All workers need to know that according to the Labor Code, when laying off workers, the employer is obliged to:

1. Notify you at least two months in advance about the date reductions by notice. By signing it, you continue to work until the specified deadline.

2. During the period of your work, up to your dismissal, offer available vacancies on staff , corresponding to your qualifications.

3. Pay monetary compensation . In addition to severance pay, you must be paid compensation for unused vacation.

4. State the reason staff reductions. An order to reduce the number or staff of employees must be issued at least 2 months before the expected start of layoffs. It must clearly indicate the reason for the reduction (Part 2, Article 73 of the Labor Code of the Russian Federation, Article 180 of the Labor Code of the Russian Federation). The employer is obliged to familiarize employees with the order against signature. If management does not provide an explanation for the dismissal, the court may declare the dismissal illegal.
An employer may dismiss an employee with his written consent and without warning 2 months in advance, but with the simultaneous payment of compensation in the amount of two months' average earnings.

Who do not have the right to be laid off?

An employer does not have the right to fire an employee who is on sick leave, regular leave or maternity leave.

By law the following cannot be fired:

Pregnant women (except in cases of liquidation of the organization);
-women with children under 3 years of age;
- single mothers raising a child under 14 years of age (or a disabled child under 18 years of age);
- other persons raising children of this age without a mother (Article 261 of the Labor Code of the Russian Federation).

Who enjoys the priority right to retain a job during layoffs?

The priority right to retain a job is enjoyed by: persons with higher labor productivity and qualifications (documented). If labor productivity and qualifications are equal, preference is given to:
- family employees (if there are 2 or more dependents);
- persons in whose family there are no other workers with independent earnings;
- employees who received a work injury or occupational disease in this organization;
— disabled people of the Great Patriotic War;
— disabled people fighting to defend the Fatherland;
- employees who improve their qualifications at the direction of the employer without interruption from work.

The following are considered a dependent by law:
1. Children, brothers, sisters and grandchildren: - under 18 years of age; — full-time students in educational institutions all types and types, with the exception of institutions of additional education, but not older than 23 years; - those who have become disabled before the age of 18 and have limited ability to labor activity; - recognized as disabled in the absence of able-bodied parents.
2. One of the parents, spouse, grandfather or grandmother, regardless of age, brother, sister, child who has reached the age of 18, if they do not work but are busy caring for children, brothers, sisters, grandchildren under 14 years of age.
3. Parents and spouse, if they have reached 55 (for women) or 60 (for men) years or are disabled people with limited ability to work.
4. Grandfather and grandmother who have reached retirement age or are disabled with limited ability to work and the absence of persons obligated by law to support them (Article 9 of the Law “On Labor Pensions in the Russian Federation”).

What is a laid-off employee entitled to?

The company owes the redundant employee
1. Issue severance pay in the amount of average monthly earnings;
2. Retain the employee’s average monthly earnings for the subsequent period of employment (but not longer than 2 months and including severance pay);
3. If the employment service was unable to find a job for him within 2 weeks after the employee’s dismissal from the enterprise, maintain the average monthly salary for another month. Note: Upon termination of the employment contract, payment of all amounts is made on the day of dismissal. If an employee did not work on the day of dismissal, he must receive money the next day. In the event of a dispute about the amount of payments, the employer is obliged to pay the employee the undisputed amount.
4. The work book with the relevant entries must be handed over on the day of dismissal. The maximum delay permitted by law is no more than three working days. It is possible that, at the request of the dismissed person, the work book is sent by registered mail. by post with notification to the address specified in the employee’s application.
Note: Upon written application from the employee, the employer is obliged to provide the dismissed person with duly certified copies of documents.

It is advisable that you register with the city (district) employment center at your place of permanent residence within two weeks from the date of dismissal, then you will be able to receive The maximum unemployment benefit at the labor exchange is 3,080 rubles.

To register you need to have:

- passport;

— work book or documents replacing it;

— a document of education or another document certifying your professional qualifications; - a certificate of average earnings for the last three months at the last place of work.
Check in advance - sometimes the labor exchange requires data not only on the usual personal income tax-2 form!

Quite often, Russian employers try to cut costs in their company or simply get rid of unwanted employees, without closely correlating their actions with the legislation of the country. Dismissal due to - a situation that is not very profitable for the management of the company in financially, therefore, they often try to eliminate the employee under any other article.

Legal and illegal reduction

The legal grounds for layoffs of employees are spelled out in detail in the Labor Code of the Russian Federation (clause 2 of Article 81 of the Labor Code of the Russian Federation). For the employer, this is: a reduction in the number of employees or staff (that is, a reduction in the number of personnel or the elimination of certain positions), as well as liquidation of the organization, termination of activities.

A certain difficulty lies in finding the line between lawful and unlawful dismissals, since according to the law, it is the employer who determines the required staff of workers. In addition, he is not obliged to provide a justification for the decision to reduce the number: the most important thing is to comply with some formalities. Correct adherence to the procedure is often the main indicator of the legality of dismissal.

Dismissal procedure in accordance with labor laws

The employee must be notified in writing, against signature, of a reduction in staff (or number of employees) at least two days in advance. full month before dismissal. According to part 3 of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to offer the dismissed person all vacant positions in the organization that the employee can fill according to his experience and qualifications.

A financial settlement with an employee who has been laid off involves the payment of three salaries. The employee receives the first and second salaries for the two months that he completes his work after notification of the impending layoff. The third is given to him on the day of dismissal, as severance pay (moreover, if the amount of severance pay is increased in the employment/collective agreement, the employer is obliged to pay the specified amount).

If the employee agrees to terminate the employment contract early, he is still paid compensation proportional to the time remaining until the expiration of two months from the date of warning.

In addition, if a dismissed employee cannot find a job, the employer is obliged to pay him two more salaries for the second and third months of unemployment (but only if the employee is registered with the employment service immediately after dismissal).

In order not to lose such privileges, you should not follow the employer’s lead if he, under various pretexts, demands that you sign a dismissal at will: in case of conflict, the court will be on your side.