Each person working in a company on an official basis can rely on different guarantees during employment, employment, dismissal or reduction. All rights of employees are listed in numerous articles of the Labor Code. Each employer must provide guarantees to the employee upon reduction, otherwise he may be held liable. Employees of the enterprise should take care of their own guarantees.
Types of abbreviations
Companies often face the need to reduce the number of employees for various reasons. Most often this is due to the fact that the activity of the enterprise does not bring the right amount of profit, therefore the management is forced to part with important specialists.
Depending on the reasons for this process, several types of reduction are distinguished:
- Staff staff. Using this procedure, certain posts are removed from the staffing table. Usually a process is conducted when there is no need for any position in the company. Therefore, all people in this position, stop their work at the company.
- The number of employees of the company. In this case, individual employees in different positions are reduced in the company. This is usually associated with a decrease in profits, a decrease in demand for goods sold, or a combination of several duplicate posts.
- Liquidation of a company. If the company has reached the goal of its existence or cannot function due to a loss from activity, then a decision is made to close it. Therefore, all specialists working in the company are being reduced.
Regardless of the type of process, guarantees should be provided to employees in case of reduction. The immediate employer takes care of this, otherwise he may be faced with the abolition of the liquidation of the company or the need to pay significant fines.
Dismissal process
Guarantees for a reduction in the number or staff of employees are almost the same. In order not to violate the rights of citizens, employers must ensure that the reduction process is carried out in the correct sequence of actions. The procedure involves the implementation of the following steps:
- Initially, a decision is made by the management of the enterprise on the need for reduction, for which the reasons that influenced this decision are evaluated.
- An appropriate order is issued by the director of the company.
- All employees who will be laid off at the company are determined, for which it is important to take into account the pre-emptive right to remain with certain employees of the company.
- Three months before the immediate process, notifications of dismissal are sent to selected specialists.
- In the presence of free places in the company vacant places are offered to citizens.
- Notifications of the decision are sent to the trade union organization and the employment center, and a new staffing table, the previously issued order and draft, are attached to them.
- An order is issued on the basis of which previously selected individuals who abandoned the proposed posts are dismissed.
- Certificate No. 182n, personal cards of employees are issued, and a note-calculation is also necessary for termination of the employment contract.
- On the last day of work of citizens, the necessary notes on reduction are put in their work books, after which these documents, together with other papers, are transferred to former employees.
In order to fully take into account the guarantees of the employee while reducing the staff at work, it is important on the last day of employment to correctly make the calculations that allow the employees to pay the required funds.
What actions are carried out by the employer?
Employee guarantees for staff reductions are listed in numerous articles of the Labor Code. All of them must be taken into account by the employer, so the procedure will be legal if the conditions are met:
- The employer can independently choose who will be reduced, but it is taken into account that some employees have a preemptive right to stay in the company.
- All actions taken must be accompanied by the issuance of appropriate orders or the preparation of additional documentation.
- Subject to availability, all employees are offered other places in the company.
- All guarantees prescribed by law are provided, therefore, severance pay and other means are paid, and the dismissal procedure is correctly performed.
- Other government organizations represented by the employment service and the union are notified in advance of the planned changes to the company.
If at least one requirement is violated, this becomes the basis for holding the employer liable. He will not only have to pay a significant fine, but there is a likelihood that, through a court of law, the reduced employee will demand reinstatement at his former place of work and compensation for moral damage.
Who should not be reduced?
With the reduction of the employee, guarantees and compensation are regulated at the legislative level. Therefore, there are workers who cannot be reduced by the employer, since they belong to socially vulnerable categories of the population. They have the pre-emptive right to stay at work even with a reduction. They can rely on government guarantees for downsizing or staffing.
Such persons include:
- disabled people, and it does not matter how they acquired disability;
- parents raising children under 14 years old alone;
- women with children under three years old;
- parents raising a disabled child;
- female workers on maternity leave;
- pregnant women;
- people who have adopted children who are not yet 18 years old;
- workers with three or more children, so they have a large family.
Upon dismissal, these citizens can complain to the labor inspectorate, therefore they will be forcibly reinstated at work.
Other warranties
Additional guarantees of the employee during reduction do not allow the dismissal of the following specialists:
- on vacation, and it can be not only basic, but also educational;
- formalized sick leave;
- at military training camps;
- having the status of young specialists and working in the company for the first time, since by law they must work in the organization for at least three years.
Under certain conditions, the aforementioned employees may be reduced, but only upon reaching an agreement between the employer and the employee.
Who can be fired by mutual consent?
Often, the employer wants to fire some individuals, but these people have special guarantees. An employment contract can be terminated with them by mutual agreement. Such persons include:
- minor employees;
- union members;
- leadership of a trade union organization open with the company.
Therefore, each employer must understand what kind of employee guarantees are available when reducing staff. In this case, the possibility that the citizen’s rights will be violated is minimized, so he can file a corresponding complaint not only with the labor inspectorate, but even with a court or prosecutor’s office.
Who has the preemptive right?
Some individuals have a pre-emptive right to work in the company, so they should be reduced in the company last. All of them are listed in Art. 179 TC. This right is reserved only for employees who are conscientious in their duties, but additionally they must have social reasons. Therefore, such workers include:
- people who have two dependent dependents or more non-working family members;
- employees with various occupational diseases or injuries sustained at the place of work;
- injured during the fighting, as a result of which they became disabled;
- employees who regularly take advanced training courses, not looking up from their main place of work;
- other employees specified in the collective agreement of the company;
- employees with higher specialized education and good experience, as they are considered the most responsible and important employees of the company.
The qualification of the employee must be confirmed by official documents submitted by various diplomas, certificates or extracts. Therefore, before the reduction of employees, the employer must take care of unscheduled certification. If all employees have the same qualifications, then a decision is made together with the union as to who will be reduced.
Features of the reduction of different workers
The employee guarantees during reduction are stipulated by labor legislation, therefore the employer cannot simply ignore them. There are some employees, the reduction of which has many nuances. They cannot fully enjoy all the guarantees and rights of ordinary hired professionals. Such categories of workers will be discussed below.
Senior citizens
They can expect different compensation and severance pay along with other employees. But at the same time, the citizen will not be able to register with the employment service, since he receives income in the form of a pension. The guarantees of the employee when reducing the position are that a pensioner can still receive a salary from the employer within two months after dismissal.
Concurrent People
Reductions in employee benefits and guarantees are intended even for part-time workers. Since people have a main place of work, they do not become unemployed after leaving. This leads to the fact that they do not receive severance pay. But if on the same day they are fired from their main place of employment, then they can count on severance pay for both posts.
Seasonal staff
They can receive only severance pay equal to the average income for two weeks of work. After the reduction, they are not paid any funds. Each employee should be aware of the guarantees that are provided for reducing the number of employees. The Labor Code of the Russian Federation is the main regulatory act that hired specialists and employers should be guided by when registering or terminating labor relations.
Other warranties
With a reduction in the number of employees, guarantees and compensation are assigned to each employee. Hired professionals can count on the following options:
- an offer from the employer of another vacant place, if available in the company;
- even when moving to a new position, the employee retains all guarantees and benefits;
- vacation compensation;
- the possibility of early dismissal, therefore, it is not required to work out the prescribed 14 days;
- going on vacation with a subsequent reduction;
- the payment of severance pay equal to the average earnings in the company, and it is paid not only upon dismissal, but also over the next two months if the citizen cannot find a suitable place to work during this time;
- if, within two weeks, the laid-off worker is registered with the employment exchange, and also cannot find work within two months, then he will receive another allowance from the former employer;
- if people who suffered from the Chernobyl accident are reduced, then for them the allowance is equal to three times the salary.
The labor inspection monitors the correct calculation of various payments, so the employer will not be able to deceive his employees.
Conclusion
Reduction is considered an unpleasant moment for any employee and the head of the enterprise. The employer must know who has the pre-emptive right to remain in the company, and whom it is impossible to forcefully dismiss. It is important to understand what guarantees, compensations and benefits should be provided to all retired employees.
If the employer violates the requirements of the Labor Code, then employees can challenge the reduction or demand compensation for non-pecuniary damage. Additionally, the company will be forced to pay significant fines.