Layoffs always bring a lot of negative emotions to employees. In addition, today, during the crisis, massive reductions have become so frequent that it almost does not surprise anyone. However, in fairness, it should be noted that the reduction of staff, carried out in accordance with all requirements of the law, in no way violates the rights of workers and even provide them with certain benefits. What are the benefits of talking about termination of employment? Reading this article, you highlight for yourself a few positive points. So, how should staff reductions be implemented? What benefits, according to the law, should dismissed employees receive? What does internal transfer mean in this context? How does legislation oblige company management to protect the employees it reduces? You can find answers to all these questions later in this article.
Point one
How should employee redundancy be properly implemented? Step-by-step instructions will be presented later. The first point in it will be the need to certify what is happening documented. When reducing the employee, the employer must issue an order, the content of which describes the total number of layoffs at the enterprise. A separate document forms a new staffing table, which subsequently regulates the functioning of an enterprise or organization. Here, the total number of employees who will remain to work in the company after the procedure for the reduction of the employee is fully completed should be precisely indicated. The date on which the new staffing table is put into effect is also marked.
Some time before the order is issued, the employer must notify the employment service that this process is beginning at his enterprise. If the planned reduction is massive, then the official letter must be sent by the company no later than three calendar months before a new staffing is formed.
Point two
If there is a reduction in the employee, a step-by-step instruction implies the next step - the selection of a number of specialists who will be dismissed. In the process, it is important to consider the rule of advantage for staying in your workplace. It is owned by some groups of employees. So, for example, you cannot fire those who care about a minor or a disabled person, women who are on maternity leave, or single mothers in whose care are minor children.
In addition, the current legislation of the Russian Federation determines the order of groups of employees in which they may be subject to reduction. For example, those with a degree, vast work experience, or high qualifications are being cut off at the very least. However, these criteria cannot be determined subjectively, based solely on personal preferences. Performance and qualifications must be documented. If an employee took part in any military operations or was previously injured during the performance of his official duties, he in principle cannot be fired. Also, those who are the direct authors or developers of any inventions cannot be subject to the reduction of the employee.The step-by-step instruction in 2017 also highlights an important nuance: in the vast majority of organizations, spouses of military personnel or those who, having left military service, got their first job. All this is described by the Labor Code of the Russian Federation.
Point three
What else is important to consider when staff reductions occur? A step-by-step instruction obliges the employer to notify each employee whom he intends to reduce about this in writing. This must be done at least two months before the appointed date of dismissal. Thus, this employee will have time to find a suitable job.
Sometimes a dismissed person does not agree with the order and refuses to affix his signature to it. This somewhat complicates the process of staff reduction. The step-by-step instruction recommends that the employer send a similar letter with a notification home to the employee. It is also important to draw up an appropriate act that would document what is happening. This will protect the employer from possible lawsuits by the dismissed.
Point four
When the reduction of an employee is considered, a step-by-step instruction obliges the employer to offer such an employee written translation for another job. Such measures, provided by law, are aimed at helping those laid off again to get a decent position in some other company. However, this mere fact of the availability of such a proposal does not oblige the employee to accept it. He still has the right to independently search for himself a suitable option. Sometimes such a transfer is carried out within the same company. In this case, the employer must offer the employee that position that fully corresponds to his qualifications, state of health, and also the previous level of wages. If this is not possible, then a lower position should be provided. Of course, the level of remuneration in this case will change. If the employee agrees, it is necessary to arrange the transfer immediately. If not, it is important that he sign a waiver of the proposed position. Why is it important? An employer may resort to a reduction only when it does not have vacant places for transfer or the employee has refused such an offer. This is due to legislation. Violation of this order entails liability for the employer. Therefore, before reducing the employee, it is important to make sure that he has signed a refusal to transfer, or that the employer has drawn up an act on the impossibility of transferring to a vacant place.
Fifth point
If those who are being fired are members of the trade union, then this fact complicates the procedure for reducing staff. The step-by-step instruction strongly recommends sending directly to the trade union organization a copy of the document, which, in essence, is the main reason for dismissal. Sometimes it is also advised to send a draft order declaring the reduction. This must be done after notifying the employee of the planned dismissal. A trade union organization can spend no more than seven days reviewing this process. After that, her representative must send a written response.
Sometimes the union does not agree with the decision of the company's management to dismiss an employee. In this case, he should contact his superiors, make an appointment and discuss all the details in that order. Within a week after the discussion, the head of the organization makes the final decision. But what if the layoff employee was illegally dismissed? A step-by-step instruction recommends appealing it to the State Labor Inspectorate. After considering the case, she may demand the reinstatement of the employee in her post.
Point six
And if the employer receives consent from the employee to reduce the employee? A step-by-step instruction in 2017 allows you to terminate an employment contract with him at any time ahead of schedule. How will this affect the employee? In this case, when reducing the employee, the employer is obliged to pay him benefits. How is its size calculated? Based on the amount of wages for those working days that remained. Such calculations should be based on the information contained in the job description drawn up for a particular employee.
After this, the employer must form an order fixing the termination of the employment contract. In this case, the rights of the employee should be taken into account (information about who cannot be reduced was presented above). An exception can be made only for the enterprise that expects complete liquidation. In this case, it is not even necessary to notify the union. Each of the employees who are affected by the order must familiarize themselves with it within three days and confirm the fact of informing them with a signature in the protocol.
Point seven
The next paragraph, which highlights on the issue of "Reduction of the employee" step-by-step instruction, - payments for reduction. Compensation is also given for unused vacation days in a given year. If the liquidation of the enterprise occurs, then the employee must receive a payment in the amount of the average monthly salary. He also recommends contacting the employment service compiled on the issue of "Reducing an employee" step by step instructions. Compensation as a result will be paid to the employee in the amount of his monthly salary during the period of employment. The maximum term is two months.
An entry must be entered in the employee’s workbook indicating the termination of the employment contract. The specific reason for the dismissal should also be indicated. As a rule, a record of a reduction gives such employees a certain advantage in future employment over those who left their previous place of work of their own free will.
The required funds and the work book are issued to the specialist on the same day on which the dismissal takes place.
Abbreviation report
What other formalities are there to accompany staff reduction? A step-by-step instruction in 2016 obliges the employer to inform the Employment Service about this incident within ten days after the employment contract has expired. If he does not do this on time, the company will be forced to pay a fine in the amount that the dismissed employee could earn at this enterprise for the year. This applies to legal entities and private entrepreneurs.
Sometimes employers decide to intentionally distort the facts and make an untrue entry in the employee’s work book. Then the reason for dismissal is not formulated as a reduction, but "by agreement of the parties." This makes life easier for the employer, since in this case there is no need to notify the employment service.
At the same time, the report on the reduction should be not only timely submitted, but also exclusively correctly filled out. So, for example, it is important to enter in it the passport data of the dismissed employee, the name of the position that he held, the specialty code that can be found in the labor code, the average salary that the employee received for the month, as well as his qualification level. If necessary (if it matters), you can indicate what kind of education the employee has. If he has a disability group, this should also be reported. What is all this information for? Using this kind of data will help employees of the employment service more likely to choose a suitable place of work for such an employee. This document must be certified by signature and wet seal.
What should an employee do?
During an economic crisis, anyone can, by chance, encounter a phenomenon such as a reduction in staff. A step-by-step instruction in 2016 regarding actions in such situations recommends that employees think ahead of time about an action plan in case of dismissal. As a rule, at the very beginning, those who are not officially employed are fired. Therefore, it is important to require compliance with all necessary formalities in accordance with the legislation of the Russian Federation with regard to applying for a job. This will help protect yourself. More and more often, employers are offering employees to resign voluntarily by writing a statement of their own free will. This has many benefits for the employer and sheer losses for the employee. What does this mean in practice? Such an employer does not need to follow many procedures related to official layoffs. The employee, in turn, does not receive any severance pay or time to find a new job. Even he will be able to receive payments from the employment service only after three months. In case of reduction, the employer is obliged to offer the employee a transfer to another vacancy within the enterprise. Of course, with the latter.
Summary
Reducing an employee is a long and laborious procedure. However, if it is implemented in accordance with all the rules, then both the employer and the dismissed employee will be fully protected. It is important to understand that compliance with all necessary formalities is the basis of the legality of reduction. Therefore, it is important that both parties know well how this procedure should be implemented, and, for their part, control what is happening. Only in this case, the employee will receive all the benefits prescribed for him by law, and the employer will not be forced to pay large fines.
Remember that compliance with legal norms is not a burden, but concern for those who have worked in your company for a long time. Isn’t their work worthy of receiving the proper reward at the moment when they are forced to leave your enterprise? Be careful and take care of the execution of all the points discussed in this article.