In times of crisis, 180 tbsp. Of particular relevance for both sides of labor relations. Labor Code of the Russian Federation. It governs the reduction of employees.. It is quite strict, therefore you should familiarize yourself with the provisions of this paragraph of the law. To employees - in order to understand how to protect themselves from arbitrariness, to personnel officers - so as not to make unforgivable mistakes. Let's read and analyze the text of 180 Art. Labor Code of the Russian Federation.
general description
The article we are considering consists of four paragraphs - paragraphs. Each contains a specific norm governing one of the stages of the reduction process. Say it is very small. Practitioners will not agree with you. The fact is that the dismissal under Art. 180 of the Labor Code of the Russian Federation is a very delicate matter. It should be carried out carefully, carefully observing all the formalities. Our legislation is not self-sufficient. To organize its strict implementation, it is necessary to know the entire contents of the Labor Code, and other legislative acts. Part 4 of the article refers to them. The first three are described employer responsibilities who no longer needs the services of a specific specialist. He must:
- offer a person a different place in compliance with all legal norms;
- timely warn him of a change in staffing;
- pay severance pay if necessary.
These conditions are required. They should be observed both in content and in form. Otherwise, the employee will be able to arrange serious problems for the administration. Let's look at each item in detail.
Job offer
Part 1, Art. 180 of the Labor Code of the Russian Federation regulates the procedure for the administration in the event of a reduction in staff or a decrease in numbers. It should be noted that our article refers to virtually different changes in the structure of the enterprise. One of them is the change in staffing. This is a process when it is necessary to redistribute the direction of the application of forces due to the transformation of the production process. In practice, the new distribution of states is adopted as a separate document, with the abolition of the old. In the second case, the structure of production does not change, but shrinks. That is, the administration is not able to provide the scope of work for all workers. Released cut. A separate document makes changes to the column describing the quantitative characteristics of the staffing. In both cases, the employee should be offered a different location. It should correspond to his education, professional skills, practical experience.
Practical implementation
Already the first paragraph of the article under study contains an implicit condition. The fact is that realizing it so that no one can make claims is not as simple as it seems from the first reading. Imagine that you are a personnel officer and are cutting thirty people. And you have only two vacancies. Who should I offer them? Here, the provisions of Art. 179 TC. She talks about the inequality of rights to leave at work. There are categories of citizens who have advantages in this matter. And in our article there is no direct reference to the 179th. But it should be observed. So, you need to identify those employees who can claim benefits, and offer them vacancies in the first place. All this, of course, is done in writing, with fixing every nuance of the law.And the employee, in turn, must also monitor the observance of his rights. After all, he may have to complain to special authorities. On the third hand, the trade union organization is called upon to monitor the implementation of all points of the law. If it is in the enterprise, then it is impossible to reduce workers without its participation. This is indicated in the fourth paragraph of 180 Art. Labor Code of the Russian Federation. The administration will fully comply with the first paragraph if it offers the employees all available places.
About warning
As it is known to personnel officers, part 2 of Art. 180 of the Labor Code of the Russian Federation must be observed sacredly. She talks about the need to warn people about changes in staffing or strength in writing. As a rule, an order is issued under which employees set a date and leave an autograph. But they practice other ways. For example, some enterprises send registered letters to their specialists. This is done in the event of mass dismissal in an organization that does not have a local location. People should be warned in two months. This norm is contained in 180 Art. Labor Code of the Russian Federation. The date of reduction is calculated not from the moment of registration of the order, but from the number of familiarization of the specialist with it. This nuance becomes important in the case of an offended employee appealing to special authorities or the court. Experienced personnel officers are well aware of the described subtlety, but workers who are unfamiliar with bureaucratic crocheting rarely take into account. And it should be taken into account if you decide to sue the administration. Failure to comply with the warning terms often leads to reinstatement and punishment of superiors. The norm is strict, its violation is unacceptable.
Reduction Warning Tricks
Workers should be aware that not every announcement of a decision to change staff meets the standards of Art. 180 of the Labor Code of the Russian Federation. The comments of experts contain such an example. The administration announced the upcoming reduction at the general meeting, orally. Such an action should not be considered correct. Each employee must record the fact of familiarization with information on changes. The article refers to a period of at least two months. This should be understood in such a way that warning can be done earlier. Then people will have more opportunities and time to find another job. There are also comments on the proposal of another place. As a rule, the administration announces its vision of further employment of a person with a document attached to order to change the staffing. That is, a person gets acquainted with two papers. One document warns him of the reduction, another contains a proposal for a new place. His will is to accept or refuse. This is done in two months. But during the specified period of time, the situation may change. Consequently, another written proposal must be received the day before dismissal. This nuance is also not familiar to everyone. And its non-compliance provides certain benefits to the employee in the event of a dispute.
Part 3 of Art. 180 of the Labor Code of the Russian Federation
But is it necessary to be in the service, from where they actually kick you out, all two months? Almost any employee can ask this, and he will be right. Agree, the situation is not particularly pleasant for a person. P. 3 Art. 180 of the Labor Code of the Russian Federation answers a potential question. If the employee agrees, then he will be fired earlier. Moreover, the administration is obliged to pay a benefit in the amount of the average monthly salary. Consent is in writing. As a rule, superiors are reluctant to part with money. Therefore, workers should strictly comply with labor laws so as not to be in unfavorable conditions. The fact is that a warning of reduction does not protect a person from liability for violations. For example, if he commits absenteeism, his administration will dismiss under another article. Moreover, he will not receive any benefits or advantages. Therefore, it is necessary to carefully study the provisions of Art. 180 of the Labor Code of the Russian Federation. Severance pay there is provided only in case of agreement of the parties.It is necessary to demand that the administration, if you want to quit ahead of time, express themselves in writing on this subject.
What will be written in the work book
Our article is not the basis for issuing an order to terminate an employment contract. These conditions are spelled out in another paragraph of the TC. Namely, in Part 3 of Art. 81. This is a dismissal at the initiative of the employer. That is, in the labor book it will be written that the contract is terminated in accordance with the specified article (part 3). It is advisable for the employee to verify the information that the personnel officer enters in his documents. They affect both the future career and the design of the pension content. In addition, there are categories of people who are generally forbidden to reduce. These are pregnant women, mothers, whose child is under three years old. They should be left in the service in any case. Single mothers (children under 14 years old) enjoy the same benefit. By the way, if a child has only a father, then the rules apply to him.
Where to complain about violations?
This question, fortunately, arises infrequently. But no one guarantees neither the conscientiousness and honesty of the authorities, nor the qualifications of the personnel officer. Therefore, it is desirable to have an idea of what to do in case of illegality of the administration. First of all, go to the chairman of the trade union committee. His duty is to stand by your side. If there is no such authority, then contact the labor inspectorate. There are specialists whose job responsibilities include conducting compliance checks. It is advisable to submit to this body all documents related to unlawful reduction. The specialist will conduct an on-site inspection. If the violation really took place, then the authorities will punish. However, he is not competent to decide on the issue of reinstatement. This is done by the court.
Conclusion
The labor legislation of the Russian Federation is designed in such a way that a person is comprehensively protected. This fact may not be apparent to those who have bypassed conflicts with superiors. However, the state strictly ensures that arbitrariness by the administration is as small as possible. And if it happens, it often happens because of the illiteracy of the employee who does not know how to protect his rights. Therefore, it is advisable to get acquainted with the provisions of the TC, to understand and use the knowledge gained in practice. Then the manager will not be able to turn the situation in his favor, regardless of how competent the personnel officer works at the enterprise. Good luck
