When it comes to the reduction of workers in production, there are many conflicts and disputes. This issue is regulated by Art. 179 of the Labor Code of the Russian Federation. Short and concise text has a very voluminous content. Practice will help to deal with him. After all, situations arise very different. Not all can be accommodated in official language. We have to find out, study again Art. 179 of the Labor Code of the Russian Federation with comments. Let's see what the personnel officers have gained on this issue.
What does art. 179 of the Labor Code of the Russian Federation
Naturally, you should start by studying the text of the document. It is open to the general public. Even more. The state welcomes the process of raising legal awareness of the population. Art. 179 of the Labor Code of the Russian Federation regulates the priority of leaving certain categories of workers at work. The information is unambiguous. This means that the article lists those workers who should be reduced last. Everyone is obliged to prove their belonging to one or another category. There are no disagreements with this. So, part 1 of article 179 of the Labor Code of the Russian Federation says that people who have more productivity and higher qualifications have advantages. These parameters are reflected in reports. Accounting and direct management record productivity, and the personnel department takes care of accounting for qualifications. That is, the first point of disagreement should not cause. However, it is not. Further in Art. 179 of the Labor Code of the Russian Federation lists other categories of workers who have a lower priority. There confusion in practice arises even more. Let's understand in more detail.
How to confirm qualifications and performance?
The article under study talks about the advantages of some workers over others. This refers to paragraph 1. However, in some cases it raises doubts and varying interpretations. If with workers everything is clear and unambiguous (discussed above), then with engineers or mental workers it is not so simple. How to calculate their performance? After all, it is not regulated by law. Here, the administration looks at the quality of work and the amount of work performed at the same time. Comments, penalties, rewards, errors are taken into account. That is, the decision is made rather biased. The boss has the opportunity to interpret the data in favor of the one who is prettier to him. There is jurisprudence to hear such cases. As a rule, the explanations given by the employer are accepted. It’s hard for an employee to prove anything. However, it is possible. Documents confirming incentives, awards, and regular training courses should be provided to the court. They confirm the relevant right.
Let's talk about additional criteria
Part 2, Art. 179 of the Labor Code of the Russian Federation regulates additional conditions that make it possible to figure out who to fire. This item has a social focus. That is, the benefits are given to breadwinners. So, if a person has two family members on maintenance (dependent), then under the same conditions described in paragraph 1 of the article, he has the right to demand the preservation of his place of service. The same opportunities are provided for those in whose family no one earns labor income. If an employee suffered from an occupational disease or was injured in the workplace, then he is also left first.All the above circumstances require appropriate documentary evidence. They are all kinds of certificates, extracts, protocols. In addition, preference is given to invalids of the Second World War (already irrelevant due to the age of the latter), to people who defended the Fatherland. In order to assert your right, you just need to provide documents confirming belonging to these categories. But this list of beneficiaries approved by law is not limited.
Labor rights
If h. 1, 2 tbsp. 179 of the Labor Code of the Russian Federation protect both the employer and some of the workers, the third paragraph somewhat democratizes the reduction process. It provides an opportunity for the team to decide for themselves who will receive benefits under other equal conditions. It depends on the contingent of workers, working conditions, even the social situation of the population in the area where the enterprise is located. That is, creativity in this regard is not limited by law. The only condition put forward is that the list should be entered into the collective agreement in advance. This document is usually drawn up at a general meeting. This means that any member of the team can make their proposals to the contract. The document is adopted by voting, is an official paper, which, if necessary, is referred to in court when resolving conflict situations.
How to relate to the reduction
Workers and employees should understand that the structure and staff size of the enterprise is formed by the head. This is his inalienable right. No one can interfere in the process. The administration makes a decision based on internal circumstances, market structure, economic indicators, goal setting. She is not obliged to consult with the labor collective or the state. If the staff decided to reduce, then the only thing left for the worker is to prove their rights. All of them are listed in the article under study. Consider that at first it protects those who managed to prove themselves, and only then takes into account the social situation of a person. It is recommended that those who are faced with such a situation do not scandal, but try to solve everything in peace. Humanly, come to a consensus faster. And if you failed to prove your advantages, then make sure that the administration does not violate the reduction procedure described in article 81 of our document. There are more chances to achieve justice.
Conclusion
Having studied the material, we came to the conclusion that we need to work in production in good faith. For those who do this, the law guarantees some nice benefits. But one should not forget about good relations in the labor collective. It also helps. You know, in many cases it’s faster to come to an agreement than going to court and ruffling your nerves. This worldly truth is recognized by generations of workers and their superiors. If the circumstances are such that it is impossible to lose a place of service, then talk with colleagues and management. Necessarily go forward and without a lawsuit. This is just a tip. And what to do is up to you. And take the law into service! Good luck
