If necessary, the employer has the right to make a decision containing a reduction in the number or staff of employees. In order to avoid litigation with these dismissed employees, a legally-binding reduction procedure should be followed. It will be advisable to consider it in stages.
Staff Reduction: Order
The first step in the procedure to reduce the number or staff of specialists is the adoption of an appropriate decision, as well as the subsequent approval of the changed staffing table. It is important to note that this decision has the right to accept and issue only the employer.
How is the staff reduction and reduction in the number of employees? Not less than two months before the planned start of layoffs in accordance with the layoff, and if the planned dismissal is massive, then not less than three months in advance, the employer issues an order (order) to reduce the number of specialists or staff in the structure . What information is provided in this document? The order to reduce the number of employees or dismiss some employees must necessarily contain the reason for the event. In addition, through it the persons responsible for carrying out the procedure and the timing of the implementation of the planned measures are established.
What else?
It must be remembered that the dismissal of an employee can be made only after his position ceases to be in the staff list, but in no case because of the planning of such an exception in future periods. That is why the dismissal of the reduction in the number or staff of employees should be carried out only after the approval of the changed staffing schedule or the introduction of innovations in the current. It is important to note that changes in the staffing table or a new document are approved by order (order) of the head of the structure. This paper must necessarily contain the date of entry into force of the changed staffing table.
It is necessary to add that the order regarding the approval of the changed staffing table, characterizing the reduction of the staff and the reduction in the number of employees, must be registered in the order determined by the employer. For example, this may be a list of items in the register of orders (orders). It is important to know that one way or another, the reviewed order must be brought to the attention of the employees of the enterprise or organization.
Written notice
The second step in the procedure, which reduces the number of employees or the number of employees, is a written notification of the state employment service regarding the forthcoming dismissal of employees. So, in accordance with the second part of the twenty-fifth article of the Law of Russia “On the employment of the population in the Russian Federation”, if a decision is made related to a reduction in the number or staff of employees of the structure or individual entrepreneur, as well as the possible termination of previously executed labor contracts characterized by the scheme “ employer-structure ”, not later than sixty days, and“ employer-individual entrepreneur ”no later than fifteen days before the start of the planned activities givers are required to provide written information to the state employment service.In such a message, the following information must be indicated:
- Position.
- Profession.
- Specialty, as well as relevant qualification requirements.
- Terms of payment.
It is important to note that the reduction of staff and reduction in number, as well as the subsequent appeal to the public employment service in one way or another, involves the submission of information by the head for each potentially dismissed employee individually. It should be noted that the notice period for the public employment service will significantly increase when the decision to reduce the number or staff of the structure’s employees may lead to a mass dismissal of specialists of the enterprise or organization. It is important to know that in such a case, the notification of the state employment service related to the mass reduction of employees of the structure should be made no later than 3 months before the initial stage of the implementation of the planned procedure.
It must be remembered that a message sent to the state employment service characterizing the reduction in the number (staff) of employees is somehow subject to registration in the manner specified by the employer. A vivid example in this case is the introduction of relevant information into the journal, where outgoing documents are registered.
Identification of important nuances
The third stage, involving the reduction of staff and the reduction in the number of employees, is nothing more than the identification of specific employees who cannot be fired in accordance with the law. In addition, employees with some advantages are identified.
Thus, the Labor Code lists the key rights of an employee while reducing the number of employees or staff. For example, article 261 of the Labor Code of the Russian Federation suggests that termination of an employment contract with pregnant women at the initiative of the employer is impossible. The exception here is cases of the termination of the IP or the implementation of the liquidation procedure in relation to the organization. In addition, the reduction in the number of staff (Labor Code of the Russian Federation) suggests that on the initiative of the employer it is forbidden to terminate the employment contract with the following persons:
- A woman raising a child whose age does not exceed three years.
- Single mother who brings up a disabled child under the age of majority.
- Single mother raising a young child. It is important to add that, in accordance with the law, a child under the age of fourteen is considered such.
- Another person raising these children in the absence of a mother.
- A parent (another legal person representing a child) who is the sole breadwinner for a disabled person under the age of majority or a child under the age of three in a family with three or more young children when the second parent (or other representative of the child is legal conditions) is not a labor relationship.
In accordance with Article 179 of the Labor Code, dismissal due to a reduction in the number of staff implies that employees whose qualifications and labor productivity are higher have the preemptive right not to leave their own workplace. These provisions one way or another must be documented. Vivid examples of such a confirmation are the data on the fulfillment of production standards, the quality of work performed, lack of marriage and so on, as well as documentation on education or the results of certification.
Additional Information
By means of article 179 of the Labor Code, a specific list of specialists is established who are endowed with some advantages in terms of leaving the workplace in connection with the liquidation, reduction in number or staff who have equal labor productivity and qualifications. So, in any case, preference is given to the following categories of specialists:
- Family - in the presence of 2 or more dependents. The latter should be understood as disabled people living in the family and staying on the absolute maintenance of employees or receiving material assistance from them.
- Persons in whose family other workers do not live who receive independent wages.
- Workers who have received an occupational disease or work injury from this employer during this work process.
- Persons with disabilities of the Great Patriotic War or invalids of military operations related to the defense of the Fatherland.
- Workers raising their own qualifications in accordance with the direction of the employer on the job.
It is important to note that this is not the whole list of persons. In the event of a situation such as dismissal to reduce the number of staff, the collective agreement may provide for other categories of employees, endowed with some advantages even with equal qualifications and labor productivity. One way or another, in the process of reduction, absolutely all must be taken into account.
You need to know that the observance of the right associated with pre-emptive leaving at the workplace, in any case, must be documented. So, in a practical aspect, as a rule, a collation table of a consolidated nature is formed. However, paper may be different. For example, a decision (protocol) of a commission containing a reduction in the number (staff) when a commission is being created.
Employee warning
The fourth step in this procedure is a written notification (warning) of employees regarding the upcoming dismissal. This step of reducing the number or staff of the organization’s employees involves a personal warning signed. It is important to note that the preparation of the corresponding notice is carried out in two copies (one to the employer, the second to the potentially dismissed employee). In addition, it is necessary to register this message in the manner specified by the employer, for example, in the register of proposals and employee notifications.
On the copy that remains with the employer, the employee should write that he is familiar with the notice and received one copy of it. In addition, the specialist must sign and the date of receipt of the document.
It is important to know that a message about an upcoming staff or staff reduction is being handed over to an employee or team of specialists at least two months before the actual dismissal. It is necessary to pay attention to the fact that the legislation establishes slightly different terms in terms of warning workers for their individual categories. For example, in accordance with article 296 of the Labor Code, the employer agrees to warn a specialist who is busy with seasonal jobs about the upcoming dismissal due to a reduction in staff or the number of employees in the structure in writing signed by at least seven days on the calendar.
In accordance with article 292 of the Russian labor legislation, the employer is obliged to notify the specialist with whom the labor contract is concluded for up to sixty days about the upcoming dismissal due to liquidation of the legal entity, reduction of staff or number of employees in writing signed in at least three days in advance according to the calendar. It is important to add that the terms presented relating to the activities of an individual entrepreneur are determined solely through an employment contract.
The final note of this stage is that, with the written consent of the potentially dismissed employees, the employer terminates the employment contract with them before the notice of upcoming dismissal has expired, and at the same time pays them additional compensation equal to the average employee’s earnings calculated in in proportion to the time remaining before the termination notice expires.
Transfer to another job
The fifth step in the procedure under consideration is the offer of redundant employees to transfer to another job. In accordance with Article 81 of the Labor Code, dismissal due to a reduction in the number or staff of specialists is allowed when the possibility of transferring an employee with his consent (executed in writing) to another job available to the employer is completely excluded. It is important to note that the employer is obliged to offer the specialist all vacancies that meet the relevant requirements and that he has in a certain territory. The employer undertakes to offer vacancies in other places only when a similar situation is provided for by agreements, as well as by a collective or labor contract.
Recommendations
It is important to note that it is recommended in the proposal for vacant jobs to indicate the period during which the employee needs to resolve the issue, agree to transfer or refuse it. It is worth noting that the proposal regarding the transfer to another workplace is executed in two copies (one to the employer, the second to the potentially transferred employee). In addition, it is registered in the manner specified by the employer, for example, in the register of proposals and notifications of employees.
It must be added that on the copy of the employer, the specialist must write that he has read the offer and received one of the copies, as well as put down the signature and date of receipt of the document.
Options for the development of events
Further developments may occur in one of the following ways:
- Then, when the employee agrees to the transfer, he needs to fill out a corresponding application, after which the starting point is put in the procedure for transferring to another workplace.
- Then, when the employee refuses the transfer proposed by the employer, he needs to note this on the corresponding proposal or fill out a statement regarding the refusal of the transfer.
Conclusion of the procedure
The subsequent stages of the work of the procedure considered in the article are not as ambitious as the previous ones. Among them, the following items do not lose relevance today:
- Issuing an order (order) regarding the termination (termination) of an employment contract with an employee (dismissal).
- Registration of an order (order).
- Familiarization of the employee with the order (order).
- Filling out a settlement note upon termination (termination) of an employment contract with an employee (dismissal).
- Settlements with an employee or employees.
- Making notes on the termination of the employment contract in the personal card and work book of each employee.
- Create a copy of the workbook.
- Issuing to each dismissed employee a work book.
- Actual confirmation of the issuance of a work book to an employee.
- Issuance of a certificate reflecting the amount of wages.