Under the Labor Code, companies have the right to lay off workers if there are good reasons and reasons for this. The procedure should be carried out taking into account numerous requirements and rules, as otherwise employers may be held liable for violations. Reducing the staff of workers under the Labor Code of the Russian Federation can be standard or massive. To implement the procedure, workers should be notified in advance about it, and the employment center and the trade union should be informed about the planned event.
Legislative regulation
Dismissal to reduce staff in the Labor Code of the Russian Federation is often used by different companies. When implementing this procedure, company executives should be guided by the provisions of the following legislative acts:
- Art. 81 TC says that the basis for the procedure is the reduction of staff, carried out officially in the company;
- h. 3 tbsp. 81 contains information on the procedure for reducing staff at work, as well as what mandatory actions should be performed by the employer;
- in Art. 82 of the Labor Code, particulars are given of taking into account the views of the trade union regarding the conduct of this procedure;
- Art. 178 - Art. 180 TC are designed to transfer guarantees and compensations intended for specialists to be reduced in the company.
The management of firms must clearly follow the requirements of the above regulations so as not to violate the law. Otherwise, different penalties may be applied to them within the framework of the Labor Code and the Code of Administrative Offenses, and often the Criminal Code.
Types of Reduction
The reduction in the number or staff of workers under the Labor Code of the Russian Federation can be carried out by employers only if there are good reasons. At the same time, significant and numerous amendments to the staff list are necessarily introduced. On the basis of such adjustments, specialists whose positions have been reduced are laid off. It is important not to confuse the two different concepts represented by a reduction in the number or staff of workers. Labor Code of the Russian Federation clearly distinguishes between these concepts:
- the reduction in the number suggests that according to the results of staffing adjustments, the number of staff units for one position decreases, for example, four installers worked in the organization, and after the changes, only two specialists remain in that position;
- staff reduction implies that individual posts or even structural units are removed from the organization, so all installers are completely reduced in the company.
Although the two above procedures are different, their implementation is carried out according to a similar scenario.
Grounds for the procedure
All employers must understand the procedure and rules for reducing the number of employees in the Labor Code of the Russian Federation. Therefore, initially, really good reasons for applying this process should appear. These include:
- the economic crisis in the company, leading to the fact that the company can no longer support a large number of full-time employees;
- a change in the direction of activity, therefore, certain specialists cease to be necessary for the operation of the enterprise;
- amending tax legislation;
- reorganization of the enterprise;
- change of the owner making the decision to conduct activities in another area.
Regardless of the reason, it is important to correctly execute such a decision, as well as take into account the opinion of the trade union and labor inspectorate.There are certain situations in which a reduction may be deemed unlawful, so employees laid off from the company may go to court to receive compensation or to hold the company manager accountable.
How is the order drawn up?
Employers need to know how to properly formalize a reduction in the staff of the Labor Code of the Russian Federation. For this, the heads of companies carry out sequential actions:
- Initially, an appropriate decision is made, therefore, if there are several founders of the enterprise, a general meeting is held where the vote is taken and a protocol is formed;
- on the basis of the decision, an order is issued containing data on the need to reduce specific workers or posts;
- the documentation must indicate how long the procedure will be performed;
- persons responsible for the implementation of the process are appointed;
- if a massive reduction is being implemented, it is additionally required to create a special commission that will deal with all issues relating to this procedure.
Reducing the staff of workers under the Labor Code of the Russian Federation is considered a rather complex and lengthy process, during the implementation of which numerous rules must be observed. If they are violated, this will become the basis for holding company officials accountable.
Process Organization
The procedure for reducing the staff of the Labor Code of the Russian Federation is carried out in the correct sequence of actions:
- as soon as a decision is made by the heads of enterprises, an appropriate order is issued;
- the person in charge of the company determines who is not allowed to be reduced and who will have to be fired;
- persons who have the preemptive right to remain with the company are listed in Art. 170 TC;
- all persons who do not have this right are subject to dismissal by reduction;
- employees are notified in writing of an upcoming event;
- they are offered the opportunity to take another position in the organization on the basis of Art. 81 shopping malls;
- such a position may correspond to the qualifications of a specialist or be subordinate, therefore, it is permitted that the remuneration for it be less than for a previously occupied position;
- when proposing a position, it is taken into account that the employee should not have medical contraindications;
- employees are notified of the reduction two months before the event, and for this a written document is used, signed by all the selected specialists listed in the order;
- if an employee refuses to sign a notification, the relevant act is drawn up by the person in charge of the enterprise;
- if employees do not want to occupy any other positions in the company, they are reduced at the appointed time, for which they are transferred the required payments and severance pay;
- on the day of dismissal, a workbook is provided to the specialist, indicating its reduction, and a 2-NDFL certificate containing information about the citizen's income over the past two years is also transmitted.
Within two months, workers can search for a new job place. If they find a job before being laid off, they can get paid in advance.
The rules for reducing the staff of workers under the Labor Code of the Russian Federation take into account that a period of 2 months is established only for permanent workers, and for temporary workers it is reduced to two weeks. If a specialist at the company has been working at all for less than two months, then he can be notified of the reduction three days before this process.
Nuances of employee notification
A prerequisite for the competent reduction of the staff of the Labor Code of the Russian Federation is the correct and timely notification of specialists about the planned event. The main nuances of this process include:
- the notice is in writing;
- it must be signed by all employees to be reduced;
- to familiarize employees with the document should be two months before the reduction;
- it is allowed to reduce this period only if the employee himself wishes to terminate the relationship with the employer ahead of schedule, but at the same time all guarantees and payments are retained.
If specialists are not notified of the reduction within the established time limits, then they can challenge such a decision through the court. Additionally, they can file a complaint with the labor inspectorate, which will lead to the prosecution of the company's management.
Do I need to notify the union?
Based on the provisions of Article 82 of the Labor Code, by all means, the trade union must take part in all matters related to the reduction of the staff of the Labor Code of the Russian Federation. Therefore, the heads of enterprises take into account the following nuances:
- after an appropriate decision is made to reduce specialists, it is necessary to notify the union two months before this event;
- if mass dismissal of specialists is planned at all, then the notification is transmitted three months before the dismissal of employees;
- the management of the enterprise must take into account the motivated opinion of the trade union, therefore this body considers the decision and order within 7 days;
- After that, an answer is provided, which may be positive or negative;
- the consent to the reduction is valid only for one month, but if necessary it can be obtained repeatedly;
- if the specialist who is the head of the union is downsizing, then to get a motivated opinion, you should send a notification to a higher organization.
If the employer does not comply with these requirements, then this may become the basis for the reinstatement of dismissed employees.
What are the benefits assigned?
Mandatory employee benefits for layoffs. The Labor Code of the Russian Federation contains data on how the amount is calculated correctly, which must be transferred to specialists being reduced. The basic rules of the process include:
- funds are correctly calculated and paid to the employee directly on the day of dismissal;
- it is allowed to postpone this period exclusively in a situation if the amount of payment is disputed through a court;
- The amount of benefits depends on various factors.
Often, employees are faced with the fact that the employer asks them to quit at their own request, but in this case, specialists will not be able to count on severance pay. Therefore, it is important to accurately follow the requirements of the TC. With a reduction in the staff of workers under the Labor Code of the Russian Federation, payments to northerners will be significant due to their high salary. Therefore, it is in the interests of the specialists themselves to insist on the correct execution of the reduction.
When calculating according to the Labor Code of the Russian Federation, payments to a staff reduction employee take into account different points:
- whether the citizen was a permanent or temporary worker;
- what is the size of his salary, and for this it is important to calculate his average income in the company for two years of work;
- the number of sick leave issued during this period;
- business trips and unused holidays are taken into account.
The company’s accountant is responsible for the calculation, but each specialist can independently verify the severance pay determination.
When are payments made?
Each employer must properly register the reduction in staff. Articles of the Labor Code of the Russian Federation 178-180 contain data on the rules for determining the severance pay. All funds must be transferred to specialists on the last day of their work. It is at this moment that a cash settlement is made with the dismissed employees. With a standard or massive reduction in the staff of the Labor Code of the Russian Federation, it is required to transfer the following payments to employees:
- severance pay equal to the average citizen earnings in a company for a month of work;
- the size of the average income in two or three times, and the main purpose of these funds is the opportunity for a citizen to find a well-paid and good job, while having the means to live;
- additional compensation equal to twice the size of the average monthly salary of a specialist;
- vacation compensation;
- sick leave payments;
- specialist business trips;
- salary for actually worked days in the company for the last month.
If the calculation is for temporary workers, then for them, the calculation process takes into account income for two weeks.
What guarantees and rights do workers have during a reduction?
According to the Labor Code of the Russian Federation, the reduction in the number or staff of employees is a complex and lengthy process that requires compliance with certain requirements and alerts of state institutions. At the same time, employees who leave the organization have certain rights and guarantees. Their main purpose is the ability to mitigate the consequences of job loss for workers and adapt to new conditions.
If early reduction of the staff of the Labor Code of the Russian Federation is made, workers can expect additional guarantees, and at the same time they receive the same payments as with the standard reduction.
The fundamental rights of workers include:
- the employer must offer specialists to take other vacancies in the company if there are vacant positions in the enterprise that correspond to the skills and qualifications of employees;
- if the company has branches in other regions, then work can be offered in such divisions;
- on the basis of a written application, the employee may be reduced ahead of schedule, while receiving average monthly earnings and severance pay;
- the employer is obliged to notify the employment center of the planned reduction three or two months before the immediate process, which allows laid-off citizens to more quickly find the optimal place for employment.
Employees of organizations themselves should be well versed in the rules and features of reduction, as this will allow them to defend their own interests. If under any article of the Labor Code of the Russian Federation the reduction in the staff of employees is carried out with violations, then the employees of the enterprise can write a complaint to the labor inspectorate, on the basis of which the company will be held accountable.
Who will not be able to reduce?
There are certain workers who cannot be reduced because they belong to vulnerable categories of the population. Who can not be reduced? The reduction in the staff of workers under the Labor Code of the Russian Federation cannot apply to all persons listed in Art. 261 shopping mall. These include specialists:
- women raising disabled children alone;
- single parents involved in raising children who are not yet 14 years old;
- women with children under three years old;
- parents who are the sole breadwinners of a minor with a disability;
- pregnant women.
The above citizens can not be reduced under any circumstances. If this requirement is violated, the head of the company not only pays significant fines, but can also be prosecuted. Therefore, it is important to figure out how to properly reduce the number of employees in the Labor Code of the Russian Federation, who cannot be reduced, and what actions should be taken by the employer to take into account all the requirements of the law.
When will it fail to fire an employee?
Additionally, during the reduction it is not allowed to fire specialists under the following conditions:
- the notification was not given to the employee on time, so if you dismiss a person under these conditions, he can go to court to declare the employer's actions illegal;
- agrees the specialist to transfer to another vacant position in the company.
When offering free vacancies, the qualifications, health status and experience of the employee are certainly taken into account.
Who has the right to remain in the company?
Some workers have a preemptive right to remain employed by the company upon reduction. All such specialists are listed in Art. 179 TC. Therefore, preference is given to the following employees:
- citizens who are dependent on several people;
- Workers who received injuries or occupational diseases during work
- invalids of the Second World War;
- employees who improve their skills on the job, and the employer must be the initiator of this process.
In the process of drafting and signing a collective agreement, the head of the enterprise may provide for other employees the pre-emptive right to maintain a job while reducing staff.
When is a reduction recognized unlawful?
Employers must take into account all the requirements of the law, otherwise, by decision of the labor inspectorate or court, the reduction may be considered illegal. Employees must ensure that their rights are respected. Therefore, the reduction will be unlawful under the following conditions:
- other work in the company was not offered to employees;
- the head of the company insists that employees write a letter of resignation of their own free will;
- the notice of reduction was not given to the specialists on time;
- workers on leave or on sick leave are dismissed;
- lack of an order containing data on staff reductions;
- on the last day of the work of specialists, all necessary calculations are not made with them.
Under such conditions, workers may complain to the labor inspectorate. The company and its officers will be held administratively liable. Additionally, specialists can file a lawsuit in order to recover moral damage caused by the former employer or even challenge the reduction.
How is the employment center notified?
The head of the company must not only correctly notify employees of the reduction, but also provide this information to the employment center. For this, a written message is compiled containing information:
- surnames of all employees abbreviated at the enterprise;
- positions held by these specialists;
- their qualifications and work experience;
- size of average earnings.
If employees are dismissed en masse, a notification is sent three months before this event. Shorter terms are set for individual entrepreneurs, so entrepreneurs can notify the employment center 2 weeks before the reduction of employees.
In addition, the union should be notified if it is available in the company.
Conclusion
Reducing staff or workers is a complex procedure that affects many people and structures. The process should be carried out only in the correct sequence of actions and taking into account the requirements of the law. Violations by the employer may become the basis for holding him liable.
It is important to inform in advance about the reduction of the workers themselves, the employment center and the trade union. In this case, the motivational opinion of state organizations regarding the applicable procedure is taken into account. Under certain conditions, a reduction may be considered illegal.