Dismissal is a rather unpleasant procedure. But it must be carried out legally. Only under such conditions it is possible to guarantee the fulfillment of all obligations as an employer to its employees, and vice versa. This avoids misunderstandings financially. Increasingly, business owners are forced to terminate labor contracts with wage workers. Adverse economic conditions, the crisis, high taxes and problems with local authorities - all these criteria for mass dismissal are not uncommon today. But how to carry out this action without sad consequences?
What is meant by the term mass dismissal?
This definition in labor law is very real. The fact that this concept was too inflated by the media misleads some people, making them think that the procedure does not bear any responsibility, and the criteria for mass dismissal are determined only by the decision of the employer. Yes, this practice is quite common, because it exempts from unnecessary explanations, but at the same time it is still in the legal field.
Criteria for the mass dismissal of workers are the root causes of this action. It implies a proportional reduction in employees relative to the total aggregate number of the work collective. The percentage ratio may depend on the total number of people in the enterprise. Under the concept of mass dismissal is understood and the complete liquidation of the institution, which is accordingly accompanied by this process.
How the criteria for mass dismissal of employees are established depends both on the region in which the organization is located and on the "size" of the company. You can start talking about such a practice with a team of at least fifteen employees.
This definition also depends on the period in which it occurs. That is, the termination of employment with fifty employees over a month can be called a layoff. If the number of people reaches the mark of two hundred, then the period is doubled. The reduction of more than five hundred people is called massive if it was carried out within three months.
Dependence on the region is expressed in the fact that one can talk about this concept only when the number of laid-offs is equal to one percent in relation to all working people in this area. But this is relevant only for those administrative units where up to five thousand inhabitants are employed.
What is the reason for this process?
One of the main advantages of this phenomenon for employers is that the criteria for mass dismissal do not need to comment on the general public. Some take this critical and tough measure purposefully, while others simply have no choice. The right to maintain secrecy of dismissal and lack of publicity is enshrined even in the legislation of the Russian Federation. But often employees still want to know the cause of what is happening, and it can be caused by the following factors:
- crisis phenomena in the financial sector of the country;
- lack of opportunities and prospects for business development in a particular area;
- the advent of new leadership and a change of policy;
- the need to replace the team;
- translation of manual labor into mechanized and automatic.
How is such a procedure implemented in practice?
Regardless of how the criteria for the mass dismissal of workers are established and what they are caused by, this procedure has certain steps in the same sequence. To begin with, it is necessary to approve a new work schedule, which will ensure uninterrupted operation. This can either be formed in relation to the entire team, or relate to a particular category of workers.
Regarding this approved document, which states the new schedule, a decree on official staff reduction is also being formed. The criteria for mass dismissal play an important role for trade union organizations. It is this structure that must be notified of such an event at least three months in advance. At the same time, the previous paragraph should be implemented. Along with informing the trade union about this reduction, the center of employment should learn.
How does the procedure affect the team?
The next stage is the most painful for the team. At this stage, management should report the decision to their subordinates. In order to bring people up to date and give them time for self-determination, management is obliged to produce an appropriate message to employees at least two months in advance. For this entire period, which counts from the moment of announcement to the actual dismissal, it is the employer's responsibility to search for new jobs for all those who have been shortened. That is, people should have some kind of alternative, but to agree to it or not - it already depends on them.
How is this issue coordinated with government agencies?
After that, the process is again considered in the trade union organization. This time, the institution needs to submit a project, which includes all the upcoming orders for the reduction of staff. This is usually done a month before dismissal. The deadline is ten days. Photocopies of papers supporting the decision also need to be attached to the project. If you are an employer, select the criterion for mass dismissal defined by law. The union, designed to protect the interests of workers, must express its opinion in relation to this event.
It does not matter if his reaction is positive or negative - the organization must give a reasoned answer. In the event that any misunderstanding arises with this structure, the employer must resolve the issue in the next three days. It is necessary to consult and fix the controversial moment in the form of a protocol.
The process of mass dismissal is being completed with the preparation of papers and documents, including labor books. Bookkeeping prepares the calculation of personnel.
What are the criteria for mass dismissal in the capital?
This process is determined by various factors, including territorial. Therefore, the criteria for the mass dismissal of workers in Moscow have their own characteristics. The reduction falls into this category of processes if it covers a quarter of the total number of employees. Also, one of the reasons why this event may occur is the closure of the institution and the reprofiling of its legal form. But the most common factor is the banal layoff.
Since the occurrence of this phenomenon is most often caused by crisis processes, the criteria for mass dismissal in Moscow also depend on the situation prevailing on the labor exchange and the level of inflation. To date, labor market indicators leave much to be desired, so the decision of employers to lay off must be publicized six months before the actual implementation.
In addition to the employer and the organization itself, the criteria for the mass dismissal of workers are also determined by local authorities. In this regard, employment services and trade union structures are vested with similar powers.Since they are responsible for the unemployment rate in the territory assigned to them, they may decide to start the process in any institution. If the inflation rate exceeds the threshold of eleven percent, then the phased dismissal of workers is carried out in completely different terms.
How are industry cuts made?
The criteria for mass dismissal are also determined by such factors as sectoral reduction, i.e., the dismissal of workers in one area of activity. For example, for employees of scientific organizations mass can be judged by a ten percent reduction in staff. The minimum frequency of this event should be three months.
How is the reduction in forestry?
With respect to this sector of the national economy, this concept characterizes two points:
- The closure of the institution with a staff of at least ten people.
- Dismissal of employees in the amount of twenty or more. In this case, the calculation of people should occur within one calendar month.
How are health care cuts made?
The criteria for mass layoffs in health care are determined by indicators such as terms and staffing. The period characterizing this phenomenon is one month. If the number of staff is a thousand doctors, then when you calculate that at least twenty-five people will be fired, you can talk about mass character. For a smaller institution, with a team of up to a thousand people, the number of laid-offs should be from twenty to twenty-four people.
Then we can also talk about mass character. For small medical organizations with a staff of three hundred to five hundred workers, the reduction of fifteen doctors gives the right to talk about the described phenomenon. If the institution employs less than three hundred people, the size of those dismissed is expressed as a percentage and equals five percent of the total number of employees.
How to determine the "mass" for this concept in other industries?
The criterion for recognizing a massive reduction in such an area, for example, as construction, is the occurrence of the following situations:
- Liquidation of the organization. The number of employees in the company should be at least fifteen people. This applies to enterprises of any legal form.
- Decrease in staff. The number should be reduced by at least fifteen percent.
If this issue concerns workers in the road sector or in road transport, a reduction of more than ten percent indicates mass character.
What difficulties may arise during the reduction process?
Since this process affects a large number of people, inattention in the matter can lead to serious consequences, up to litigation. Avoiding problems with this procedure is quite difficult, but knowing certain features, you can make it as painless as possible.
The main reason for the potential difficulties is preferential categories of people. These include women in position, single mothers with a child under the age of fourteen, or a disabled child under eighteen. This list also includes persons who are foster parents. With a massive reduction, these people should by no means fall into the lists of laid-offs.