Reduction of staff is a necessary measure for different enterprises, necessary in case of a decrease in profit, a change in the field of activity, or when other difficult situations occur. The procedure is considered specific, since the employer must accurately follow the numerous requirements of the Labor Code. For this, various written notifications should be sent to state organizations and to the employee himself. It is preferable to carefully study the sample staff reduction notice. The sample allows you to understand what information should be included in the document.
Legislative regulation
The law has two different concepts:
- downsizing involving the removal of certain posts from the staffing table;
- reduction in the number of employees in the company, implying a decrease in the number of employees in specific positions.
All the rules for reducing employees, assigning them various payments and drawing up related documents are listed in Art. 180 TK.
Worker Reduction Procedure
The process is considered unpleasant for every employee falling under the reduction, as he loses his official work and permanent earnings. In order for the employer to complete the process correctly, he must write and send a notice when the staff is reduced. A sample of this document is considered simple, so it can be used by every company manager.
Notifications should be sent not only to the employee himself, but also to the labor inspectorate, as well as to the trade union.
The reduction procedure is implemented by the employer in several successive stages:
- initially the employer issues the relevant order;
- on the basis of this document, a new staffing table is approved, since a specific number of employees is being reduced in the company;
- employees who cannot be reduced for various reasons are identified, and it is also determined who has the preemptive right to stay at work;
- employees selected for reduction are notified of the upcoming dismissal;
- information is provided to citizens about the possibility of transferring to another position in the company if they have the necessary qualifications and experience for work;
- notifications are sent to the union and the employment center of the reduction;
- direct dismissal is carried out, involving the issuance of an appropriate order, the payment of the due funds to employees, as well as the setting of the necessary marks in the work books of specialists.
Before drafting documents, it is recommended that you study the sample staff reduction notice. It is presented in several varieties, as it may be intended for the workers themselves, the employment center or the trade union. A sample staff reduction order is located below.
Who must be notified?
Reducing workers in any company is a specific and complex process, involving the deprivation of the work of several people. Therefore, it is required to report such a decision to the management of the company, for which different notifications are compiled. A sample notice of upcoming layoffs is a simple document that includes information about employees to be laid off. Messages must be sent to multiple recipients:
- direct employees selected for reduction in the company;
- the employment center of a particular region;
- union, if available in the organization.
A separate document is generated for each recipient.Redundancy notice samples can be viewed below. Thanks to their use, it is possible to draw up the necessary documents without difficulties.
Employee Notification Rules
When choosing specialists to be reduced in the company, citizens who cannot be reduced or have the preemptive right to remain in the company are taken into account. People selected for reduction must be notified in writing. There is no strictly unified form of such a document in the legislation, therefore it is possible to compile it in a free form. It is advisable to use a sample staff reduction notice. The sample will allow you to take into account all the required information that should be included in the documentation.
When compiling a document, information must be entered:
- date when the specialist will be dismissed;
- a list of vacancies that can be selected by the employee for the transfer;
- signature of the head;
- Date of document formation.
The employee of the enterprise should sign on this paper. After studying the sample notice of the reduction in the staff, it will not be difficult to draw up this document independently for any manager.
What should an employee do?
Once an employee receives a sample notice of a layoff, they can perform several different actions. For him, the employer offers options:
- continue to work in the company for the remaining two months, at which time he can search for a new job for employment, and if a vacant place is vacated in the company, the head of the enterprise must notify all the specialists being dismissed about this;
- agree to take any other position offered by the employer, if it corresponds to his education, qualifications and experience;
- quit ahead of schedule until the end of two months of work, having received from the former employer all due payments;
- to go on vacation with subsequent dismissal.
The choice of a specific option depends entirely on the desires of the employee. He must first obtain a sample of the notice of reduction of staff. A sample of such a document is located below. If this document is not available on time, then the reduction can be challenged by filing a complaint with the labor inspectorate or by directly filing a lawsuit.
Union Alert
Based on Art. 82 of the Labor Code, all heads of companies making a decision to reduce workers should notify about it not only the specialists themselves, but also the union, if it is available at the enterprise. A sample union reduction notice is below.
The term for sending this document is presented in standard two months, if the reduction is not massive. The documentation must have information:
- lists all the posts that will be reduced in the company;
- indicates the date when the direct dismissal of employees;
- it states that employees were warned about the process.
A new staffing table is necessarily attached to this document. The reduction of workers who deduct membership dues to the union and are its members is carried out only with the coordination of this process with the trade union organization. It provides an objective opinion on the dismissal of such employees.
In response to the sample dismissal notice on layoffs, the trade union organization sends the employer a special extract from the protocol created after the meeting. This document may state all objections to the dismissal of specific workers.
Employment Center Notification Rules
The employer must inform the employment service about the reduction of citizens.A sample job center notice of downsizing is located below.
The need to use this document is due to the fidelity of compiling statistics, and also makes it possible to quickly get laid-off specialists at another place of work.
A sample job center notice of a layoff should be sent to the agency two months before the upcoming process. If the procedure is carried out by individual entrepreneurs, the document is sent two weeks before the reduction.
There is no clearly established form of such a document in the legislation, but it must necessarily include some information. The sample layoff notice from the employment service contains the following:
- information about all employees of the organization who will be reduced at work;
- lists the positions of these workers, their profession and specialty;
- their work experience and available education are provided;
- indicates what salary they received in the company.
If you carefully study the sample of this document, then there will be no difficulties with its preparation. If the documentation is not promptly sent to the labor inspectorate, then the employee can challenge his reduction. To do this, he can file a complaint with the employment center or send a lawsuit to the court.
When is employee alert required?
The law clearly states that it is required to notify employees of a reduction two months before the planned event. Employers must strictly follow this requirement.
If a massive reduction is planned at all, a notice should be sent three months before the procedure.
Other terms are provided for workers performing seasonal work. They are warned of dismissal per week. Employees based on a fixed-term employment agreement are notified three days before the termination of employment.
Document form
There is no clearly established form of this documentation in normative acts. To include in it all the necessary information, it is advisable to use a special sample of the notice of reduction of staff. A sample can be taken directly at the employment center.
Documentation is allowed in any form, but at the same time it should be sent not only to the redundant workers themselves, but also to the employment center, as well as the trade union, if available in the company.
When compiling the document, some significant requirements are still taken into account:
- The name of the company involved in the reduction of employees is indicated;
- the date and number of the document is given;
- the name of the documentation is registered;
- the content of the notice should include a list of layoffs, a list of dismissed employees, as well as available vacancies;
- at the end is the signature of the head of the enterprise.
If the documentation for the employee is being generated, then there should additionally be a clause intended for marking, which confirms the employee’s familiarization with this paper. If you carefully study the sample employee notification of the reduction of staff, then no difficulties with the formation of the document will not arise. If there are no significant data in it, then the specialist can challenge his reduction through the court.
How is it awarded?
A notification is sent to employees in many ways. For this, an option is selected depending on different situations:
- the method is most often used in which the head of the enterprise gives notifications to each redundant employee personally in his hands, after which the citizens must sign on another copy of the document;
- if the specialist is on sick leave or on vacation, and also in case of refusal to accept the document, a notification is sent by mail to the address of his residence;
- in the event of disagreement between the employer and the employees, a special commission is formed at which a notice is read out to all employees being laid off.
It cannot become an obstacle to the transmission of a notice when an employee is on vacation or on sick leave. But to dismiss citizens during these periods will not work, and even in a situation where a person has been on sick leave for several months. Under such conditions, the employee quits on the first day of going to work.
Document Validity
A notice of reduction is valid until the specialists in the company are reduced. By default, this period is represented by two months.
The document becomes invalid in situations:
- the employee decides to leave the company ahead of schedule;
- the specialist agrees to the proposed vacancy;
- the decision of the employer to reduce staff is canceled.
Often there are situations when after two months the employee does not quit. Under such conditions, the notification is automatically recognized as invalid. Usually this situation occurs when the employer simply does not have money to transfer the severance pay to the specialist. To resume the procedure, you will have to re-send notifications.
Conclusion
Reducing staff is an unpleasant procedure for any company. It should be carried out in accordance with many requirements of the TC. Two months before the reduction, it is required to notify the process not only of the workers themselves, but also the employment service, as well as the union, if available.
During the compilation of these notifications, you can use any form. It is taken into account that the documentation should include some important information, without which it is considered invalid. Therefore, it is advisable to use current samples during the preparation of the notification.