Mass reduction - how much is this person? In our article we will try to answer this question. We also consider what material payments can be, how the reduction is carried out, for what reasons, in which cases such a process may violate human rights.
General information
Before answering the question of mass reduction is how many people, the very concept of this process should be analyzed. It is important to know that the law does not have a clearly defined characteristic for both regular and mass reduction. By this action is meant a decrease in the number or percentage of workers who occupy the same position (for example, two cleaners, five technicians).
Some ask, the massive reduction in the number of employees - how many people? The answer is this: in the case when individuals and / or units of persons with different specialties are excluded from the staff list, the process is called staff reduction. If people are being cut, according to Law 82 (paragraph 1) of the Labor Code of the Russian Federation, this is a massive dismissal.
Employer right
Another important point in answering the question, mass reduction, how much is a person, is to clarify the rights of the employer.
The fact is that carrying out such an action can be legal and illegal. In judicial practice, there are often cases when the employer makes a reduction, disrupting the course of this procedure. Thus, he violates human rights. In this case, the subject who was subject to dismissal has the right to sue.
Reducing the number of people employed or the whole staff is a legitimate tool for employers. The hiring person (head of the company, company) has the right to independently make changes to the system of subordination, to adjust the structural elements of the organization, to solve problems of optimizing the process of performing work. There are no statutes in the legislation requiring the employer to explain their actions to hired employees. However, the law requires him not to abuse his rights. So, with a reduction in hired staff by 80%, the director of a firm or enterprise cannot hire the same number of people the next day. This example suggests that an entrepreneur should not take away so many jobs if he is not going to cut production.
The employer is not obliged to report to its employees, but they may ask him if the dismissal was illegal.
Reasons for applying this measure
Having familiarized ourselves with the general state of things in this phenomenon, we will analyze the question that interests us, mass reduction - how much is this person?
Depending on the term of the dismissal of workers, the following cases can be considered a mass reduction:
· Removal from office of fifty persons within 30 days.
· Removal from office of two hundred people within sixty days.
· Dismissal of more than five hundred people within 90 days.
Some are interested in the question, mass reduction - how much is this person in percent? The form of the general dismissal of many employed persons can be considered the dismissal of 1% of employees within one month. At the same time, the number of staff should be at least 5,000 people.
The reasons for the dismissal are in some cases very clear. An example is the presence of a crisis in a country or in specific industries, the low efficiency of the organization, changes in the management system, and the introduction of an operating mode in the status of an automated one.
Criteria available
With a massive reduction in workers, how many people can be fired, we examined. However, it is important to know about the criteria for this action, as this can help when the rights of the employed person are violated.
Article 82 (Part 1) of the Labor Code of the Russian Federation clearly states that there are only two criteria for mass reduction:
- The number of people who were fired.
- The time frame during which this action is performed.
These criteria may vary, depending on the region and the sphere of the national economy in which the enterprise operates. Today, before they begin to resolve the issue at the level of criteria in a sectoral or territorial agreement, they first consider a reduction from the position of the Council of Ministers, where decisions are issued on the organization of employment of the population if it is planned to mass release the workforce.
About the process
Residents of St. Petersburg and the Leningrad Region are interested in the question, mass reduction is how many people are in St. Petersburg. According to the tripartite agreement in this city (No. 271/14-С of 01/15/14. Appendix No. 3. p. 18), in St. Petersburg, the reduction is considered massive if 20 employees or more are dismissed in 30 days. The second criterion is that dismissal is considered massive if an enterprise with 15 or more employees is liquidated. Employers should be aware of how a massive reduction is being made and how the workers are illegally dismissed. All employees who are about to be fired so that they can find a new job for themselves should be informed about this event.
It is necessary to publish the decree of the order on mass reduction 3 months before bringing it into effect. Workers must sign, certifying that they agree with the order.
Mass reduction - how much is this person? A notice of this should be provided in advance to all those who are fired. The decision on dismissal must be submitted to the trade union organizations and the employment service. These structures will approve the introduction of a new staffing table, which will serve as evidence confirming the need for such a measure. In this document, it is necessary to reflect the number of hired entities that will remain after the reduction, and determine their working hours.
The entrepreneur must exclude from the list of persons whom it is impossible to dismiss (in accordance with the Labor Code of the Russian Federation 179). Next, a number of qualified employees should be determined with an indication of their work advantages. After notifying everyone who will be fired and receiving their signature, a copy of this document is made, which must be sent to the trade union bodies. Authorized persons in this structure must give a written opinion or refuse to lay off and come to a consensus with the employer. An employee can quit on their own for the allotted three months. His early departure will be compensated financially.
Next, the stages of calculation and payments begin, registration of entries in the work book and in various reporting documents of the company or enterprise. The work book is returned to the employee on the day he leaves.
Capital of Russia
Mass reduction - how many people are in the Moscow region? Many residents of the capital are interested in this issue. Here it will be important to know that, regardless of the size or status of the settlement, the law is the same for everyone, but the criteria for mass dismissal may be different. So, to the question, the mass reduction in Moscow is how much this person is, the answer is this: according to the Tripartite Agreement in the capital of Russia, if the company dismissed 25% or more in 30 days, such a reduction is considered massive. If we talk about conducting these events in cities, it is important to understand that they leave a negative mark on the indicators of the social and economic sphere of life.
About possible payments
In any settlements, a massive reduction can be carried out. It is important for employees to know about the amount of payments upon dismissal (reduction). Cash should be issued based on average earnings. It is calculated on the basis of all monetary rewards for the last 2 months of labor activity. If a person did not work at this time, 2 preliminary months are taken for calculation. If the employee did not receive money even during this period, the average earnings are calculated based on the tariff rate or salary. This process is called compensation. With a massive reduction, vacation pay is also issued, unpaid until their use (Labor Code of the Russian Federation 4 hours. 139) and bonuses.
Who should not be fired
For managers, the interest is not only a question, the mass dismissal of a staff of workers - how many people are, but also the laws of the Labor Code of the Russian Federation. In order to better familiarize ourselves with the phenomenon under study occurring in enterprises and firms, let us consider it as an example. So who should not be cut back? Such persons are:
- Pregnant
- Temporarily disabled (a medical certificate is required).
- People on vacation (regular, maternity, during the session, and so on).
- Women having babies under 3 years old.
- Single mothers whose children are under 14 years old.
- Mothers raising disabled children (if they are under the age of 18).
- Collective Dispute Resolution Officers.
- Union members.
To summarize
It is important to remember that the issue of mass reduction of people - how much is in Volgograd or any other city, will be determined in accordance with the provisions of the laws of the Labor Code of the Russian Federation. This process is determined by the number of employees, the scale of the company and its production, as well as the region of the country. The reduction may affect any employee in large enterprises or in small organizations. To avoid a situation that could adversely affect the life of a fired person, you need to know your rights well. If a contentious issue arises with the head, you must first clarify it with a lawyer, and then defend your interests in court.