Who gets cut first? We will have to figure out the answer to this question further. This is an extremely relevant topic worthy of attention. Indeed, now in Russia many companies are reducing their staff. And some people do not even suspect that they might be thrown out of the organization. And it’s absolutely legal. Below we consider all the features of the reduction. What should everyone remember?
Reduction of staff - is it legal?
Many people are interested not only in whom the law reduces it in the first place, but how much such an action is legal.
The Labor Code of the Russian Federation does have a mention that you can say goodbye to an employee in connection with the reduction. This is normal, though not the most pleasant thing. The main thing is not to violate the established rules of behavior.
It is worth remembering that not every subordinate falls under the reduction. About exceptions - a little later. First, consider the process of staff reduction in detail.
Ambiguity
Who in the first place falls under TC? Answering this kind of question can be problematic.
This is due to the fact that the labor legislation of the Russian Federation has no indications as to which posts and which people to reduce. This issue is decided solely on an individual basis by the leadership of an individual company.
But if we are talking about the reduction of workers in one field of activity and position, you can find some specifics. Who gets cut first?
Danger is near
Understanding this issue is not as difficult as it seems. But as we have said, only when it comes to reducing the staff of employees holding the same positions.
In this case, reduce first:
- less skilled workers;
- people with low speed;
- persons who have ever violated an employment contract;
- people whom the employer considers unscrupulous (and can prove it);
- old people.
In fact, the issue under study is considered "slippery." Indeed, in real life, accurately predicting who comes under the reduction in the first place is problematic.
What may affect the decision
There are a number of factors that can influence an employer's decision to reduce staff.
These include:
- employee qualifications;
- customer reviews (if available);
- performance;
- personal qualities of the employee;
- personal attitude of the employer to the subordinate;
- family circumstances;
- age of subordinate.
Accordingly, almost anyone can be fired in connection with the reduction. But according to the Labor Code of the Russian Federation, the chief is obliged, first of all, to leave more experienced and qualified personnel in the company.
The order of dismissal
Are you planning a staff reduction? Who will be fired first? It’s hard to predict. But you should expect that more experienced, proactive, active and young employees will be left to work further. After all, every company is looking for ways to obtain greater benefits.
It is important to remember that layoffs for layoffs must be followed by all employers. Otherwise, the former employee will be able to reinstate without much difficulty. For example, by going to court.
A step-by-step instruction on termination of employment between employees and superiors looks like this:
- Issue orders to reduce the post.
- Notify employees of a reduction.
- Offer subordinates other posts.
- To issue orders for reduction.
- To familiarize employees with the documentation.
- Make calculations with subordinates.
- Make the appropriate entries in the work books and issue the documentation to the dismissed.
In fact, everything is not as simple as it seems. And the dismissal of staff reduction requires great attention.
notice period
For example, due to the fact that it is necessary to notify subordinates of upcoming changes in the personnel in advance. And this fact gives employers a lot of trouble.
The thing is that the reduction will have to be reported at least 2 months before the implementation of the task. If the action was carried out later, the entire further procedure will be considered violated.
Settlements with people
We found out who comes under the reduction in the first place. Now you need to consider other features of the process.
For example, an important moment is the performance of settlements with dismissed persons. In our case, the employer must give each person:
- severance pay (equal to the average monthly earnings of a subordinate);
- payments for hours worked (in double size);
- compensation for unused vacation days.
Sometimes the former employer can be inclined to the third benefit. This is possible if a citizen after the reduction is registered at the employment center (no later than 14 days after leaving work) and after 2 months he has not found a job.
In fact, with the right approach to solving the problem, the termination of relations with subordinates due to reduction will not cause any trouble. Conscientious employers can easily cope with this issue.
Proficiency testing
Sometimes, in order to accurately understand who falls under the reduction in the first place, people are checked for skill levels. This is quite normal, although not the most common phenomenon.
The test allows you to determine which employees know their job better. If there is evidence of compliance / non-compliance with the position held by the employer in the event of going to court it will be easier to prove his innocence.
As we have already said, first of all, people with low qualifications will fall under the reduction. For testing, a commission is going to make its decision on how well the subordinate does the job. After certification, people are issued conclusions of established forms.
Notification Features
Who is legally reduced in the first place? People who do not correspond to their posts for one reason or another. For example, by age or skill level.
An important feature is the preparation of notice of termination of employment. The document should contain the following information:
- FULL NAME. dismissed;
- information about the reduction;
- information on the day of termination of cooperation;
- alternative places in the company that a person can take;
- substantiation of the decision.
As already mentioned, notifications are sent out no later than 2 months before termination of employment. Otherwise, the task will not be realized in any way. The dismissal will be violated. This will lead to the possibility of reinstatement.
Appeal
Citizens who do not agree with the reduction are entitled to appeal the decision. But how to do that?
The most important thing is to meet the deadlines set by law. From the moment of termination of the relationship of labor type should not go more than a month. During this time, the injured party may apply either to the court or to the labor inspectorate.
If during the study of materials it turns out that the reduction was illegal or carried out with violations, the employee must be reinstated in the company. Or the organization will be fined.
After the reduction, many do not return to the company where they were illegally fired. Although such situations are also not excluded.Some complain of illegal reduction only for the sake of justice, without pursuing other goals.
Exceptions to the Rules
And who can not be fired to reduce staff? The current legislation of the Russian Federation indicates that some categories of citizens may not be afraid of dismissal at the initiative of the employer.
There are special guarantees for pregnant women and people with children under 3 years old. You cannot say goodbye to these employees because of the reduction.
If a job reduction occurs, the employer is obliged to offer a pregnant or maternity woman a replacement based on her current situation. But the salary is not necessary to save.
In addition, it is impossible to reduce the person (while reducing the staff), who:
- has a disabled child;
- is on maternity leave;
- has minor children under 3 years old;
- single parent raising a child under 14 years old.
The listed categories of citizens, as a rule, are dismissed only at their own request or in the event of the complete liquidation of the enterprise. Otherwise, legally getting rid of these subordinates will fail.
Other bans
We found out who comes under the reduction in the first place. The law prescribes that there is a certain circle of persons who may not be afraid of this operation. And this does not include previously listed citizens.
It is forbidden to reduce people who are in a state of disability (for example, on sick leave), as well as on vacation. In addition, do not worry about dismissal for reduction may:
- qualified employees;
- disabled people;
- people with 2 or more dependents;
- single parents;
- veterans;
- persons in whose family there are no longer able-bodied people with a regular income;
- people who have received disabilities or injuries / occupational diseases during the performance of duties of a labor type;
- students on the job;
- aimed at continuing education courses.
An ordinary average employee can indeed be fired due to a reduction in position or staff. The main thing is to follow a certain algorithm of actions.
In fact, older people, as well as those who are personally unpleasant to the employer, fall under the reduction. Typically, in these situations, the authorities do everything to prove the inconsistency of the subordinate position.