During the implementation of a number of measures to reduce the state or number of employees, many issues may arise that need to be addressed in accordance with the procedure and conditions for the dismissal of employees. The most common questions are: how is the dismissal of an employee due to a layoff carried out? How and what payments are made? What is the role of elected trade union bodies?

Dismissal of an employee in connection with a reduction in position occurs in a certain order

Indeed, layoffs due to redundancy are a complex process that occurs in a certain order. So, the main issues of downsizing and laying off employees.

Who determines the size of the staff and the structure of the organization?

According to the general rules, the states and structure of the firm are determined by the organization itself. Therefore, the staffing table can often change depending on the wishes of the manager, the need to reduce costs or increase profits.

When resolving claims for the reinstatement of employees with whom the employment contract was terminated due to changes in the staffing table, the reasons for the reduction in position are clarified in court.

The same applies to whether the downsizing order has been followed. Otherwise, the employee has the right to sue the employer.

The fact that the redundancy procedure was carried out in accordance with all the rules will be confirmed by the relevant documents:

• chief's instructions)
• orders)
• TD termination notice)
• staff listings)
• documents on the reduction of the wage fund.

This data will allow the court to figure out whether the layoffs really took place and what opportunities were provided to employees (vacancies or transfers, generous compensation payments, etc.).

Who is fired first in the event of a layoff?

When a decision is made to reduce the number or staff of employees, before reaching the working people, it is necessary to liquidate vacancies. Only after that it is possible to make reductions at the expense of employees.

It should be noted that the candidacies of employees to be dismissed for reasons of staff reduction are determined by the administration with the participation of the trade union. The rules for dismissing an employee from a position must be carried out exactly in accordance with the legislation and the Labor Code of the Russian Federation. Each candidate must be considered individually. In this case, the opinion of the structural unit in which the employee works should be taken into account. Not everyone has priority to stay at work

According to Article 34 of the Labor Code, they are left at work with a reduction in the number of workers with higher qualifications and labor productivity.

Business and personal qualities are also taken into account. The right to evaluate the business qualities of employees is granted to the head of the organization. At the same time, various information is taken into account that characterizes them both from a professional and personal side:

• education documents,
• work experience data
• work experience in this specialty,
• quality of performance of official obligations,
• belonging to a certain qualification group,
• promotions, awards, etc.

Also, the manager has the right to appoint a human resources specialist to assess employees. This will allow you to judge employees unbiasedly and choose from the point of view of professionalism, and not personal preferences. So, the priority is given to such categories of workers:

• employees with families)
• persons with dependents)
• family breadwinners)
• long-term employees in the organization)
• employees with work injuries received in this production)
• employees who improve their skills and work at the same time)
• WWII invalids)
• inventors)
• military family members)
• people who had radiation sickness (victims of the Chernobyl accident).

These categories of people who have the pre-emptive right not to be fired upon reduction are absolutely equal. There are no other categories of beneficiaries provided by the state. However, if a beneficiary fits into several categories, he has more reasons to stay at work than others.

According to Article 40, Part 2 of the Labor Code of the Russian Federation, during the release of employees due to staff reductions, the benefits provided for by the collective agreement, if any, may be taken into account. It should be noted that this right can be exercised after the administration has considered all preferences for staying at work.

The reduction of positions is carried out in order to optimize the work of the organization and more rational staffing of qualified personnel. That is why the administration is trying to select the best employees to keep them in the organization.

If there are grounds for reducing the position and the order is signed, a valuable employee can be transferred to another vacant position. So, according to the decision of the Supreme Court of the Russian Federation, the administration, in the event of measures to reduce the staff, can carry out a rearrangement of employees within homogeneous positions in order to leave a more qualified specialist to work. However, since 1998, there has been a law according to which it is impossible to dismiss a redundant worker if his position is retained in the staff list.

Who is not allowed to be fired?

The Labor Code considers layoffs to be completely legal. However, it should be noted that not all employees can be easily fired. Thus, pregnant women, as well as employees with children under the age of three, cannot be considered as candidates for dismissal. Also, employees with disabled children, single mothers with young children are not subject to dismissal. Some other categories of employees cannot be dismissed in accordance with Article 170 of the Labor Code of the Russian Federation. It does not matter whether these persons are on vacation or working during the downsizing period.

The exception is the complete cessation of the existence of the company. In this case, all employees are subject to dismissal, regardless of privileges and rights.

Dismissal as a result of a reduction in the number of employees or staff can be carried out if the employee to be dismissed does not have the advantage of being retained in the position in comparison with other employees, with the same labor productivity and qualifications. Also, the employee is subject to dismissal if he falls under the reduction, if he cannot be provided with an alternative job.

Transfer or employment opportunities

After the candidates for reduction have been considered, the list of employees to be laid off has been drawn up, the administration must offer the employee to take another vacant position during the reduction. According to Article 40 of the Labor Code of the Russian Federation, an employee must be offered another job at the same time as the notice of being laid off and the upcoming dismissal. Also, no later than a couple of months, the administration is obliged to bring to the attention of the employment service data on the dismissal of employees. In this case, it is necessary to submit data for each employee indicating:

• specialties,
• professions,
• qualifications,
• position held,
• payment amount.

Simultaneously with the employment center, it is necessary to notify the trade union of the mass reduction.

The form of the order to reduce the position must be prepared. After that, all employees should be notified by placing an announcement on the stand. Whether employees are laid off or not, they need to be aware of the upcoming layoffs.

Each employee is warned individually against signature about the upcoming dismissal two months earlier. In case of refusal to sign a paper with a warning, the head or administration draws up an act with the signatures of witnesses, which will record and confirm that the employee is familiar with the document.

The administration can notify the employee of the upcoming calculation during his illness or vacation, however, the employee can be fired only after he returns to work. After the notice of dismissal, the specialist is obliged to work for the remaining two months in compliance with all internal regulations. In case of violations of labor discipline, an employee may be dismissed earlier under an article “unfavorable” for his future career.

The terms of the notice of dismissal are set in the interests of the employee, so he can apply to the administration to reduce the period if he has found another job and wants to start his new duties. If the administration does not insist that the employee continue to perform his duties, he can be calculated ahead of time on an application with the provision of all guarantees and compensation payments.

It should be noted that the application for early dismissal must be drawn up correctly. Otherwise, the employee may be dismissed "of his own free will" and deprived of all the privileges that he is entitled to.

If the dismissal of an employee on vacation falls on the day of his absence, then he may be dismissed later, when he arrives at work at the end of the sick leave or health leave.

Job redundancy

If the existing positions are not offered upon dismissal, it is imperative to draw up an act indicating the absence of alternative vacancies. Otherwise, the employee can challenge the legality of his dismissal in court. It is also necessary, if possible, to provide a transfer to another city for a similar job or to offer all free vacancies, including those that are below the qualification level of the employee or have lower pay.

Only after the employee refuses to take advantage of the boss's proposals, it should be calculated. It should also be noted that all vacant positions should be provided for consideration of the employee in order to avoid problems in the future.

The best option for dismissal in case of reduction is a transfer to another place. When the position is reduced, the conditions of dismissal do not allow the employee to leave, because otherwise he will have to take the place of another person, which is not lawful. Although earlier the law provided that the administration could leave employees with the highest qualifications and labor productivity in the organization and form a staff from them, now these actions are illegitimate. Employees must be aware of all staffing changes.

If there is no translation

The rules for dismissing an employee from a position must be carried out exactly in accordance with the legislation and the Labor Code of the Russian Federation

It is possible to dismiss under article 33 of the Labor Code of the Russian Federation only if it is impossible to transfer or if the person does not agree to work elsewhere. The contract was concluded between the employee and the organization, so all vacancies that are available in the organization, and not just in the structural unit where the employee worked, should be offered.

It is worth noting that the employee does not have the right to demand any position that interests him in this organization. During the conclusion of the TD, he entered a job corresponding to his education and qualifications. Based on this, he can be offered a position corresponding to qualifications.

In the absence of suitable vacancies, the administration is obliged to present the employee with a lower-paid job in the specialty. The management is obliged to select and offer positions to the dismissed employee during the entire period from the notice of the reduction to the day of calculation. In the event that the case comes to legal hardships, and it turns out that the administration did not offer the employee an existing suitable vacancy, the dismissal will not only be recognized as unlawful, but the organization itself will have to pay the plaintiff:

• court costs)
• compensation for moral damage)
• money that could have been his wages in an unoffered position.

The role of the union

This body protects the rights of workers and controls the legality of the actions of the administration regarding it. Representatives of the trade union committee answer questions about job cuts and layoffs, and also check whether the article under which the employment contract is terminated in these cases is the same.

An employee can be fired only with the permission of the trade union body. This rule applies to union members. This body has no powers in case of dismissal:

• head (manager) of an organization or branch)
• deputy head)
• senior staff)
• elected workers)
• persons approved or appointed to a position by state power (management bodies) and public organizations.

If the trade union body does not allow the dismissal of the employee, then this decision is brought to the knowledge of the administration. Further, consultations of the trade union committee with the management of the company will be held, as a result of which either the employee will be left at work, or the case will be decided in court.

Last day of work

On the day of dismissal, the manager is obliged to issue a work book to the employee. The dismissed person must fill out the forms, which will later be transferred to the archive. In the event of a delay in the issuance of labor due to the fault of the administration or the boss, the employee will receive compensation in the amount of the average earnings for the time of "truancy", in accordance with articles 39, 98, 99 of the Labor Code of the Russian Federation.

If undesirable consequences for the employee are associated with the delay in issuing the work book (the fault of the employer), he has the right to demand from the administration of the institution to change the date of dismissal. In case of refusal, the employee may apply to the court.

Compensation

What is paid upon dismissal due to a reduction in position? First of all, as in any case of dismissal, it is necessary to pay settlement. They consist of the following components.

All guarantees and compensations are provided to the employee in accordance with applicable law. In this case, the reason for the reduction does not matter at all:

• reduction in the number of employees)
• downsizing)
• there was a reorganization as a result of a merger of firms or amalgamation of branches, etc.

In the event of termination of the contract between the employee and the manager due to the reduction of the position, the employee is entitled to the following payments:

• maintaining the average salary for the period of employment (no more than two months))
• salary for the third month without work, in case of non-satisfaction of his request for a job search by the employment service)
• other financial compensation.

Payment of settlement money is carried out at the place of employment. It is provided upon presentation by the employee of the work book. In order to receive material payments in the future, it is necessary to register with the employment service as temporarily unemployed. If the break in work did not exceed three months, the employee retains the right to receive continuous seniority.

Form of notice of reduction of position is a mandatory element of any reduction

If a laid-off worker applied to the employment service on time, he can count on extending his seniority in the future, for the period of receiving a scholarship or unemployment benefit when performing paid public works.

Keeping the length of service uninterrupted is important for a person who wants to find a job. In addition, it is this indicator that will determine the amount of payments in connection with unemployment. This can help in the future with wages (percentage allowances, lump sums based on seniority, etc.).

If a dismissed employee, when applying to the employment service, was refused assistance, then he can be assigned an early pension (only with his consent). It is assigned on the condition that the employee has the required length of service for retirement due to old age (this also includes receiving preferential payments as an addition to the pension). Even after dismissal, the employee is guaranteed the preservation of the queue for housing and the opportunity for his family to use children's and medical institutions.

Statutory leave or its material compensation

It should also be remembered that in the event of dismissal due to a reduction in position, the employee has the right to spend his legal leave. If the director cannot provide the dismissed employee with leave, this will have to be settled financially. So, the first thing to do is to provide compensation in the form of a material bonus corresponding to the size of vacation pay.

During the vacation period, “healthy” allowances are accrued, so the employee can receive partial cash payments. It should be noted that dismissal implies unemployment in the future, so material compensation in the amount of average wages for two months will also be provided.

Retrenchment is a situation from which no one is immune. If the relationship between the employee and the employer is officially registered, the procedure is carried out in accordance with the norms of labor legislation, and the dismissed person is entitled to the issuance of special payments upon reduction.

Downsizing payments

In case of forced dismissal, the law protects the rights of a citizen. Firstly, employees need to be notified about the upcoming event 2 months in advance so that they have time to look for a new job. Secondly, the employer is obliged to provide material assistance in the form of certain payments.

Salary and holiday pay

The first thing that is charged to a dismissed person is payment for the hours actually worked, which he did not receive. In some cases, bonuses are issued if this is fixed by local documentation.

If the employee did not use the right to annual leave, basedArt. 127 Labor Code of the Russian Federation. The total amount depends on:

• from the duration of the vacation period;
• the time elapsed since the last vacation;
• wages.

IMPORTANT! Compensation for unused vacation is accrued as for a whole year, if in the year of reduction the citizen worked from 5.5 to 11 months. Regulation is regulated by the recommendation of the Federal Employment and Labor Service dated April 19, 2014.

Both payments will be taxed at 13%.

severance pay

Such financial support is not always provided. Benefit is paid only in cases specified in paragraphs 1 and 2 of Art. 81 of the Labor Code of the Russian Federation.

Its size according to Art. 178 Labor Code of the Russian Federation, corresponds to the average monthly salary, but not lower than the minimum wage. And according to Clause 2 of Art. 217 Tax Code of the Russian Federation 13% exempt. If the employee has not worked in the organization for one year, the amount due is determined taking into account the days actually worked.

IMPORTANT! The employer must pay this compensation to the citizen, even if he has a new job.

Second and third month

Payments for the reduction of an employee in these periods are accrued if he registered for unemployment within two weeks after the termination of the employment contract and, for objective reasons, did not find a job. Compensation is made at the expense of the employer in the amount of the average salary or the established salary.

An employee on a personal initiative is not entitled to claim a third reduction allowance. This can only be done by the Employment Service and only for persons registered with it. The payment for the third month of absence from employment is the last one.

Calculation procedure

The severance pay is calculated in two stages. At the first, the average earnings (Avg) are determined. Art.139 of the Labor Code of the Russian Federation calculation algorithm is set:

Srz =Vrp / N fact, where:

Vrp- the employee's income for the billing period.

N fact- actually worked shifts of the employee.

The billing period is 12 months preceding the month of reduction. For example, the dismissal occurred in February 2018, then the time interval from 02/01/2017 to 01/31/2018 will be taken for calculation.

The indicators do not take into account the time spent on vacation or sick leave, as well as their payment.

The second stage - the amount of the severance pay due to the issue is considered.

pout=Srz * Nworking shifts, where

Nworking shifts- the number of working days in 1-3 months after dismissal.

REFERENCE! Wages for an incomplete month are calculated in proportion to the days worked.

Example:

Petrov N.A. worked for the company for 2 years. By official order, it was reduced from 01/01/2017. On January 9, he registered with the employment service. As of April 1, 2017, Petrov remains unemployed.

He worked a standard five-day work week. According to the production calendar for 2016, the number of labor shifts is 247, of which he was on vacation from 01.07 to 28.07. Monthly earnings were constant and amounted to 30,000 rubles.

The procedure for calculating severance pay upon dismissal due to staff reduction:

Actually worked shifts in 2016: 247 - 19 = 228 Srz for the period from 01/01/2016 to 12/31/2016: = 331428.57 / 228 = 1453.63 rubles. January 2017 total: 1453.63 * 17 = 24711.71 February: 1453.63 * 18 = 26165.34 March: 1453.63 * 22 = 31979.86

Severance payment for January is due to Petrov even in the case of employment. If he found a new job in February or March, the compensation would be calculated in proportion to the days of unemployment.

For individual categories

Depending on the nature and conditions of work, the amount of compensation varies. Some categories of employees often face the fact that they are denied severance pay when they make redundancies. However, the provisions of the Labor Code of the Russian Federation stand up to protect their interests.

Pensioners

A person receiving a pension is fired on the same terms as an ordinary employee. The status of a pensioner, position, skill level, length of service and age do not affect the amount of severance pay in case of reduction.

The issue of issuing a third benefit to a pensioner is controversial. On the one hand, it is provided on a general basis. On the other hand, a pensioner is considered a socially protected person and cannot be called unemployed. If there are weighty facts, the employment center may issue a certificate, on the basis of which the third payment will be made.

part-time workers

Severance pay upon dismissal is paid in the same manner as for key employees. However, the preservation of the average monthly earnings in the second and third months is no longer provided.

If an employee working in combination quits his main job before the time of reduction, which is confirmed by an entry in the work book, he has the right to receive payment for these months.

Seasonal worker

A seasonal worker is informed of a planned dismissal 7 days in advance. Severance pay in case of reduction is paid according to Art. 296 of the Labor Code of the Russian Federation in the amount of the average wage for two weeks. Other types of material assistance in this category are not provided.

Residents of the Far North and areas equated to them

Northerners apply for benefits with a reduction in 4-6 months at the request of specialists from the employment service, if they applied there within 30 days after the dismissal.

Additional compensation

The severance pay is not the only financial help for employees due to downsizing. Depending on the situation, additional material support is assigned.

For early termination

Employees are warned about layoffs two months in advance, but sometimes it is required to terminate the employment relationship ahead of schedule. The Code provides for the dismissal to reduce staff ahead of time, but only by agreement of the parties and with the accrual of a compensation payment.

Its purpose is to compensate for lost income for the period in which the employee could continue working. The size directly depends on the number of days between the dates of early and official termination of employment. The contract or other documentation of the organization may establish multiplying factors.

Early downsizing has benefits. First, the dismissed employee receives additional compensation. Secondly, the period for finding a new job is increasing.

Payment of the 13th salary in case of reduction

In many organizations, at the end of the year, a special type of bonus is provided - the 13th salary. If the provision on it is officially established, when the employee is reduced, she is also issued. It does not matter in which month the dismissal occurred. A prerequisite is at least one year of work experience in the workplace.

sick pay

The reduced employee is entitled to. Basic conditions:

• the citizen fell ill before the official day of dismissal. The amount of the payment depends on the length of service and the average salary;
• sick leave received within 30 days after the reduction. The allowance is equal to 60% of the average wage for the last two years. If a citizen is registered with the employment service, it is equivalent to unemployment benefits.
• sick leave issued to a pregnant woman officially recognized as unemployed within a year after dismissal.

REFERENCE! Payment of sick leave is not a basis for refusing to issue other payments for dismissal due to redundancy.

Early retirement

Based Art. 32 Law of the Russian Federation “On Employment in the Russian Federation” dated April 19, 1991, a citizen has the right to apply for an early retirement pension subject to the following conditions:

• Insurance (work experience) of at least 25 years for men and 20 years for women.
• The age of the employee who fell under the reduction is less than the established retirement age by 2 years. The rule also applies to citizens who are entitled to a preferential pension.
• Justified lack of employment opportunities for a new job. Confirmed by the employment center.

Early retirement is assigned only with the consent of the citizen and is paid from the budget. Upon employment or official retirement, payments stop.

How to get paid

A reduction in staff carried out in accordance with all the rules is a guarantee of receiving severance pay. The employee is advised to carefully study all the documents that he signs and familiarize himself with the labor legislation in order to prevent violation of his rights.

Decor

The accounting department of the employer is responsible for the registration and calculation of compensation for reductions and other charges. The allowance is paid on the basis of an order, which indicates its amount and the reason for dismissal. An appropriate entry is made in the work book with reference to article of the Labor Code of the Russian Federation.

Where are they paid

All due payments for dismissal due to a reduction in the number of employees are made by the former employer. However, in order to receive benefits for the third month, a citizen must contact the employment center and take a certificate confirming the lack of work. The document is submitted to the accounting department, and only after that compensation is calculated for the third month.

REFERENCE! Payment for the sick leave after the reduction is carried out by the Social Insurance Fund.

Pregnant women receive maternity benefits through the employment center in accordance with Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

What are the timeframes for the calculation?

On the last work shift (day of dismissal ), according to Art. 140 of the Labor Code of the Russian Federation, pay: salary with vacation pay and the first allowance. If the employee did not work on that day, payment is made after receiving the request for calculation no later than the next day.

IMPORTANT! If on the day of reduction the employee is absent without a justified reason, the employer has the right to revise the terms of the reduction.

The terms of payment of the second and third severance pay in case of reduction are agreed upon by both parties.

Liability for non-payment

Delay in the issuance of compensation or incorrect accrual (less than prescribed) is considered as a failure to comply with labor law. In this case, the employee must adhere to the following action plan:

1. Provide against signature a written claim about the violation of their legal rights to the head and the trade union of the organization.
2. Write a complaint to Labor Inspectorate on the inaction of the boss or violation of the deadlines for fixing the problem.
3. Contact the prosecutor's office with a request to check the legality of the actions of the employer.
4. File a claim with the arbitration court if other instances refuse to consider the case or problems are not found.

If any violations are detected, the employer can be held liable. under Art. 236 of the Labor Code of the Russian Federation.

Severance pay for downsizing - material support for involuntary unemployment. The receipt and procedure for payments are established by labor standards in force in Russia. Along with the mandatory financial assistance, the employee receives money for the hours worked. At the request of the employer, additional compensation is assigned.

Reduction is a fairly legal tool that an employer resorts to in order to “optimize” the staff. But in turn, this can cause a number of problems and an additional financial burden for the employer, so they often resort to a trick - “you have been laid off, write a statement on your own - this wording is better.” It all depends, among other things, on the initiator of the process.

Of course, all actions redundancy layoffs must be observed in accordance with the law and deviations from it can bring problems to the organization. Therefore, it is in the interests of the employer to do everything right so that the employee does not go to court.

The procedure for dismissal to reduce staff or headcount: difference

You can dismiss an employee by reducing his position or the number of employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). Downsizing involves downsizing the position as such. Downsizing means a decrease in the number of staff units for the same position. At the same time, the position is retained, only a smaller number of employees will work on it.

The main reasons for the reduction

The law does not directly establish in which cases the employer has the right to reduce the number or staff of employees. The Constitutional Court of the Russian Federation, in its ruling No. 867-O-O of December 18, 2007, established that this is the right of the employer in cases where economic necessity requires it. However, in turn, the Supreme Court of the Russian Federation, by ruling No. 19-В07-34 dated 03.12.2007, introduced a rule that in the event of a dispute, the court has the right to check the necessity and validity of the reduction.

Thus, an employer who wants to take such measures must indicate in the reduction order for what reasons the dismissal is being made.

As a rule, the reasons forcing employees to lay off are:

1. Low profit of the enterprise and the inability to pay salaries to the former staff.
2. The low efficiency of the former staff and the presence of positions that are not needed.
3. A change in technology or organization of production, in which part of the workers is unclaimed.

Employee Rights

It is not enough just to take and fire a person, motivating his decision with financial difficulties. The law obliges the initiator to observe all the rights of a working citizen in accordance with the norms of labor legislation. Working citizens who have received a copy of the order on the upcoming reduction have the right to:

• receive a severance pay in the amount of monthly earnings;
• receive compensation for unused vacation;
• receive a salary for the worked period of the last month;
• if the employee was not offered an alternative position, and he could not find a job after being registered with the employment service, within two months to receive compensation in the amount of the salary that the employee had at the time of dismissal.

A number of rights and guarantees are provided for in Art. 81 of the Labor Code of the Russian Federation. Here, the employer undertakes to offer the employee who falls under the reduction of another vacant position at the enterprise (if any). If the enterprise has branches or divisions, including in other cities, then the employee may be offered a job there.

An employee can use another right (Article 179) if he managed to find a job before the expiration of a 2-month period. Here, in agreement with the employer and on the basis of a written application, he can be dismissed earlier, but he is paid an allowance in the amount of the average monthly earnings.

In addition, with this type of dismissal, persons are entitled to a severance pay in the amount of two average monthly salaries and unemployment assistance from the employment service for 2 months (Article 178).

Layoff for downsizing: step by step instructions 2018

Let's see how it goes dismissal due to downsizing. Step-by-step instructions for 2018 provide:

Additional information The final stage of the downsizing procedure is the issuance of orders for the dismissal of employees. Orders are usually issued in the unified form No. T-8. In the column "reason" it is necessary to indicate a link to the order to carry out actions to reduce the number of employees, a notice of reduction, if any, to the details of the document in which the employee wrote consent to terminate the employment relationship before the expiration of the warning period. Employees need to read this order and leave their signature there.

1. Downsizing cannot be done arbitrarily. An order is required to amend the staffing table indicating the positions that will be excluded.
2. Further, interested parties are notified: the trade union organization, if any. Notification shall be sent at least two months prior to dismissals.
3. Also, at least two months before the reduction, the Employment Center is notified. A list of persons is sent with indication of positions and professions. In case of mass reduction, it is necessary to notify the EPC 3 months in advance.
4. Employees are also notified two months in advance. The notification must be in writing, the employees get acquainted with it against signature. Dismissal of an employee due to staff reduction and before the expiration of the notice period for the reduction, it is possible upon a written application from the employee. Compensation is charged for the period remaining until the expiration of the two-month period.
5. The presence of vacancies in the organization obliges the employer to offer these places to laid-off workers. Vacancies may appear within two months from the date of notification, these vacancies must also be offered to employees who have been made redundant. Vacancies must correspond to the qualifications and health status of employees, but the entire list is offered. The procedure is drawn up in writing, if the employee refuses the proposed vacancy, a corresponding entry is made on the proposal form and signed. If the employee agrees to the proposed vacancy, a transfer order is issued.
6. After the expiration of a period of two months, an order is issued to terminate the employment contract, with which it is necessary to familiarize the laid-off workers.
7. The last day of work is the day of dismissal, the employee receives a work book, calculation and certificates of average earnings. At the request of the employee, the employer is obliged to issue other documents related to his work. The basis for dismissal in the work book is entered - dismissal due to staff reduction, paragraph 2, part 1.

Details about layoffs during staff reductions in this video:

General procedure for layoffs for downsizing

In general terms, the reduction is as follows.

Decision-making

Any action must always have appropriate documentary support. The decision to reduce must be issued in the form of an order or instruction from the employer. If this order was signed not by the person whose authority includes deciding on the acceptance and dismissal of subordinates, then the reduction may be declared illegal.

If the regulation or charter of the organization states that the director (head of the Main Directorate, manager) hires and dismisses from work, then only he should sign the order starting the reduction procedure. The adoption of such a decision by the deputy will be illegal and can be challenged in court. If at the moment the position is vacant or the boss is on a long vacation or sick leave, it is worth first assigning duties to one of the deputies (indicating, for example, “Due to the need for work” at the base), and only then sign the reduction order.

Union Warning

When reducing, preference should be given to those who have higher labor productivity or higher qualifications. In the first case, it is necessary to consider the results of the certification of all employees, and also take into account the individual performance of each employee. For example, it makes sense to leave the employee who has a lower percentage of marriage.

At the moment, there are no exact criteria by which labor productivity should be determined, and therefore the main factor is the subjective opinion of the employer. In order to avoid conflict situations and accusations of bias, it makes sense to create a commission at the enterprise that will make a collegiate decision on the level of productivity of each employee.

In the second case, the legislator had in mind that if it is required to reduce one of the two employees occupying the same positions, but having different qualifications, then the employee with a lower qualification should be dismissed. For example, a department has two accountants. One has a university degree and the other has gone to college. An employee with a higher education must be left at work.

If both the qualifications and the productivity of the workers are the same, then preference should be given to:

• to someone who has at least two disabled family members for whom the income of an employee is the main means of subsistence;
• an employee whose family no longer has people with self-employment, for example, an employee who has a disabled mother with whom he lives together;
• employees who have received an occupational disease or injury at this enterprise;
• invalids of military operations received in the defense of the Motherland;
• employees who, without interruption from work, improve their qualifications in the direction of the employer.

The sequence of mentioning the grounds for the preferential right to leave at work in Art. 179 of the Labor Code of the Russian Federation does not play any role and does not have any legal significance.

Warn the employment service about future layoffs

Some employers ignore this stage, arguing that if this is not indicated in the Labor Code of the Russian Federation, then it is not necessary to warn the employment service. But such a provision is contained in Art. 25 of the Law of the Russian Federation "On Employment in the Russian Federation", and therefore it cannot be ignored.

The warning period depends on how many employees are planned to be laid off:

• for 3 months - in case of mass dismissal;
• for 2 months - in other cases.

The mass character is calculated in the same way as in the case of warning the trade union.

The warning must be in writing. It should contain information about the profession, position, specialty, qualifications, salary of each employee who is subject to reduction. Most regions have their own form of the form, so it is better to clarify this issue with an employment service employee.

Inform should not be about the changes themselves, but about the possible dismissal of employees. Even if the employee agreed with the proposed position or does not plan to register with the employment center, information about him must be included in the report.

Failure to comply with this procedure may entail the reinstatement of the employee in the position and the payment of a penalty for the time of forced absenteeism. There have already been court precedents, so it is better to spend a little time and file this report.

Warn employees

According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee in writing against signature of the reduction and offer the remaining vacancies. Please note that the law requires mandatory compliance with a written warning and issuing it to each employee individually. The approved sample of the notice of staff reduction, most importantly, comply with the written form and address the warning to each employee individually.

In practice, the employee sometimes refuses to read the warning. In this case, it is necessary to draw up an act stating that the warning was read aloud to the employee, and sign this document together with witnesses.

You can also send a warning by mail with a receipt receipt and a description of the attachment. Be sure to keep the spine to have confirmation that the employee actually received the warning.

Since the law states “at least two months”, it is possible to warn an employee both 2.5 and 3 months in advance. The main thing is to observe the minimum time frame.

In the warning itself, in order to avoid disputes, it is advisable to indicate the exact date of the reduction.

The warning period is not postponed for the duration of the sick leave, so it makes no sense to “get sick” immediately after receiving the corresponding document.

As a rule, the text of the warning already contains information about the proposed positions. In this case, the employer has the right to offer:

• positions corresponding to the qualifications of the employee. For example, an economist may well be offered the position of an auditor. In this case, the amount of payment can be either lower or higher;
• positions suitable for the employee for health reasons. It is not necessary for a visually impaired person to offer a position in which work with a large number of small details is expected, since this is probably prohibited by medical records;
• work in the same area. In some cases, the employer may circumvent this provision of the law. For example, an enterprise is a single legal entity, but has many territorial divisions in its structure. If in a collective agreement or other documentation where exactly the workplace for each position is located, then the employer may well offer a place of work located in another region, formally without violating anything.

During the period remaining before the dismissal of the employee, the owner must inform the employee of all vacant vacancies. It is better to do this in writing in order to have appropriate confirmation.

Sample Notice of Downsizing

If there were no vacancies in the organization when drawing up the notification, this fact should be reflected.

OOO Avtozapchasti
Seller-cashier Ivanova I.I.
Notification
about the upcoming reduction
01.02.2015

Dear Irina Ivanovna!

In connection with the organizational and staffing changes made at Avtozapchasti LLC, a decision was made to reduce the staff (order No. 602 dated 01/29/2015), we inform you that the full-time position of the seller-cashier you are replacing is being reduced.

In accordance with the requirements of part 3 of article 81 of the Labor Code of the Russian Federation, we inform you about vacant positions as of February 1, 2015:

1. Cashier with a salary of 20,000 rubles.
2. Purchasing Specialist with a salary of 25,000 rubles.

If the above positions do not suit you, after 2 months from the date you receive this notice, the employment contract may be terminated due to staff reduction (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).
You have the right to terminate the employment contract before the expiration of two months from the date of receipt of this notice.
Upon dismissal in accordance with paragraph 2 of article 81 of the Labor Code of the Russian Federation, you will be provided with guarantees and compensations provided for by labor legislation.

General Director _______________ Petrov P.P.
______________ Ivanova I.I. got acquainted with the notice.

Issue an order

The order to dismiss is an important act, without which the reduction of an employee is impossible. This issue should be taken with all responsibility, since it is this issue that quite often subsequently dismissed employees dispute in court.

The order must indicate not only the reason and date of dismissal, but also the number of vacation days to be compensated. According to Art. 127 of the Labor Code of the Russian Federation, an employee can write an application and first take a vacation. In this case, the day of dismissal will be the last day of vacation.

As a rule, the order is issued in the T-8 or T-8A form, although the law does not prohibit deviation from the standard form if all the necessary details are met.

Make an entry in a personal card, work book, make a calculation

After signing the order, it is necessary to make an appropriate entry in the personal card and work book of the employee. The entry must duplicate the text of the order, there must be a link to the relevant article of the Labor Code of the Russian Federation.

When filling out an entry in the work book, one of the grounds for reducing the number of employees, or in connection with a reduction in the number of employees, must be indicated.

A job entry might look like this: "dismissed due to a reduction in the staff of the organization, clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation."

The employee, against signature, acquaints himself with the order, the entry in the personal card, the work book, and also signs in the work book record book, confirming that the book was given to him in his hands. After that, the company makes the final settlement.

According to Art. 178 of the Labor Code of the Russian Federation, the employer is obliged to pay severance pay in the amount of the average monthly wage. The collective agreement may provide for higher payouts upon dismissal due to staff reduction.

Issuance of other mandatory documents

Before a former employee leaves the company, he must receive the following mandatory documents:

1. Employment history. The personnel worker must give it into the hands of the person leaving on his final day of work. During this process, an entry is made in the register of the movement of books that the document has been issued, and the resigning person confirms receipt with his signature. In the event that handover is not possible - for example, the employee falls ill or does not agree with the reduction and refuses to receive the book, then he needs to send a written message. It should contain a request to come and receive a book, or give permission for it to be sent by mail. As soon as such a notification is sent, the personnel worker relieves himself of responsibility for failure to issue a work permit within the prescribed period.
2. Certificate of salary amounts in the form 182n, which was accrued for two years, the previous year of dismissal. It is compiled according to the form developed by the Ministry of Finance.
3. Certificate of contributions to the Pension Fund, which were accrued and transferred during the work. It is drawn up in the form approved in the PF.
4. The employee has the right to request in writing copies or extracts from the internal documents of the company that affect his work. These can be orders for admission, transfer to another position, promotion, etc.
5. Certificate of average salary for employment authorities. It must be issued within three days from the fact that the former employee submitted a written request. The Ministry of Labor offers a recommended form of reference, but the company can develop its own, more suitable for the characteristics of its activities.
6. Certificate of the employee's length of service in the form of SZV-STAZH. If the employer did not issue this certificate, then he can be fined up to 50 thousand rubles.

Timing and amount of compensation

Upon dismissal, a full settlement is made with the employee, while he will not only be given the requested certificates, a work book and terminate the employment contract, but will also make a full cash settlement. The amount given to the dismissed person must include all payments due to him. Among them will be:

1. The amount of severance pay in the amount of the average salary for 1 month.
2. The amount of average earnings paid for the duration of the job search (for 2 months, sometimes 3).
3. The amount of additional compensation (2 more average monthly salaries).
4. Compensation in monetary terms for all unused vacations.
5. Payments for all unpaid sick leave and business trips.
6. Salary for the hours worked (the day of calculation is also paid).

If there were paid, but unused vacation days, the money is not returned.

For temporary workers, the amounts are based on two weeks' earnings.

Compensation for unused vacation

If, before dismissal, the employee did not have time to use his next vacation, although he has the right to do so, he should be compensated financially for this. Compensation in this situation is equal to the amount of accrued vacation pay. Additionally, you will have to write an application for the transfer of vacation from the current year to the next.

Payment of the 13th salary in case of reduction

Such a bonus as the 13th salary is available at many enterprises. Employees, not knowing their rights well, sometimes do not even realize that when they are laid off, the employer must pay this bonus to the dismissed person. Even if the reduction occurs in the summer. True, this is only possible if the person has worked in the company for at least a year.

Refusal to pay severance pay by the employer

When an employee is dismissed due to redundancy, an entry is made in the work book reflecting the dismissal precisely due to reduction (number or staff), i.e. p. 2 h. 1 art. 82 of the Labor Code of the Russian Federation. Often there are situations when the employer offers to quit of his own free will or by agreement of the parties, thereby reducing his responsibility for paying severance pay, and in this case, another entry is made in the labor that does not guarantee the payment of severance pay and the employee will not be able to reimburse the amount of the day off allowances.

If in the work book the dismissal comes from the employer for 2 hours 1 of Art. 82 of the Labor Code of the Russian Federation, then the employee on the last day of work can count on wages for hours worked, compensation for vacation, as well as severance pay for 1 month.

An employee can apply for severance pay for the second month if he registers with the employment service within 2 weeks from the date of dismissal and does not receive a job within 2 months. In this case, the employee must apply to the former employer with a request for payment and the basis for it, and attach a work book where there is no record of employment. An application for payment is submitted in 2 copies and both are marked with a mark on the acceptance of the application. Based on the signed application, the head issues an order for payment. If the payment is refused, then you can attach an application with the date of registration to the application to the court. According to the Labor Code of the Russian Federation, there are no deadlines for submitting an application for payments for the second month.

Payments for the third month of severance pay can also be received from the employer, but not at your own request, but on the basis of the decision of the employment service inspector. Such a document is mandatory, but the timing of payments for the third month is not specified.

Can I quit my job early

Often there are situations that immediately after receiving a warning about the reduction, the employee begins to look for work and finds it. What to do in this case, because before the expiration of the two-month period, another candidate can fill the vacancy?

In this case, the employee may exercise the right to terminate the employment contract ahead of schedule. The employee must write an appropriate application indicating the exact date of termination of legal relations, and the employer must satisfy it. The text of the statement must be ambiguous:

1. The request must be clearly and in detail.
2. The date of termination must be clearly stated and that the employee is familiar with the termination procedure.
3. Indicate which vacancies were offered.
4. Indicate that the employee wishes to quit earlier and does not claim compensation payments due to him.

If an employee leaves before the notice period, in addition to salary and compensation for non-vacation leave, he must be paid wages for each working day that he did not finish before the end of the notice.

What to do if labor standards have been violated

It is worth noting one important point - redundancy dismissal most often leads to violation of various labor standards. This is due to the great complexity of the procedure for the employer, the need to make payments to employees already suspended from work and some features of the Labor Code or the contract itself.

The three most common violations are:

• the employer fired a pregnant woman or a mother with a small child;
• the employer withheld salary, compensation, bonus;
• the employer refused to pay subsequent compensation within two months.

However, it does not matter which norms were violated, since the method of combating injustice is always the same - contacting the Labor Inspectorate. The Labor Inspectorate is the main supervisory body that ensures that employers and employees comply with labor standards. Therefore, if you are faced with some kind of violation, then it is worth contacting this service.

In order to file a claim with the labor inspectorate, you can:

• fill out the form on the official website;
• prepare a complaint and file it in person;
• write a claim and send it in the form of a letter.

After the labor receives the appeal, an examination will be carried out. If the fact of violation is actually discovered, the inspector will issue a resolution and force the employer to act according to the law. If the employer does not comply with the requirements, then using the decision of the labor inspectorate, you can sue him.

Appealing actions by an employee in court

In case of misconduct, the employee has the right to sue and appeal the decision. To do this, within a month from the date of receipt of a copy of the dismissal order (or receipt of a labor, or from the date of refusal to receive an order or labor under Article 392, part 1 of the Labor Code), it is necessary to file an application with the district court to recognize such dismissal as unlawful, and also recovery from the employer during his absence of the amount of average earnings.

By decision of the court, the employee may be reinstated at his previous place of work and may also recover in his favor the amount of compensation for the time of absenteeism. In particular, they can change the wording according to which the employee was dismissed to dismissal of his own free will (parts 3, 4 of article 394 of the Labor Code), as well as award moral compensation.

The procedure for dismissal by reduction: employers' mistakes

The dismissal of staff due to the reduction of staff positions is a strictly regulated process, so the employer must take into account all the nuances before starting the procedure. Common mistakes faced by inexperienced reduction initiators:

1. Pressure on staff. Realizing that the employee who is subject to reduction has a list of guarantees, managers are trying by all means to force a person to write a letter of voluntary resignation. Often, methods such as threat and psychological pressure are used.
2. Inclusion in the list of a citizen who belongs to a preferential category. As already noted, not all employees are subject to reduction, and the employer must take this into account.
3. Inconsistency. Any layoffs must be agreed with the union. This is directly stated by the Labor Code of the Russian Federation.
4. without written notice. Written notification of citizens included in the list of reductions is the responsibility of the initiator.

The list is not exhaustive, since each reduction process is individual. In some cases, disputes are of a material nature: the employee is not properly paid cash bonuses, severance pay, etc.

At the same time, employers, understanding the essence of their actions, do not go for a confrontation, but choose a more cunning approach: they promise the employee that a salary or bonus is about to be accrued, they ask to meet the management halfway, they say, the enterprise is at risk of complete bankruptcy. In general, the whole policy is aimed at delaying the process.

How to fire a layoff correctly: answers to common questions

Question #1

Is severance pay paid to a redundant employee if he works part-time in another organization?

In this situation, the employee will continue to work part-time, that is, he is employed, but the employee retains the right to severance pay upon dismissal (average monthly earnings for the first month from the date of reduction). If the employee continues to work part-time, the average monthly salary for the second month after the reduction should not be paid to him.

Question #2

Is it necessary to make payments to pensioners when laying off workers?

A pensioner is the same employee as others, therefore, the employer is obliged to keep the employee's average earnings for the first and second months after dismissal due to reduction. For the third month, it is taken into account that the pensioner receives income in the form of a pension, so payments will not be made.

On the video about the order of reduction

The employment contract may be terminated by the employer in cases of reduction in the number or staff of employees of the organization, individual entrepreneur.

1. Making a decision to reduce the number or staff of employees. Approval of the new staffing table.

The employer makes a decision to reduce the number and / or staff of employees and draws up it.

At least two months before the expected start of layoffs "by reduction", and if the proposed layoff is massive, then at least three months before, the employer issues an order (instruction) to reduce the number or staff at the enterprise. The order (instruction) indicates the reason for the reduction, establishes the persons responsible for the measures taken in connection with the reduction in the number and staff of employees, the timing of these events.

Following step-by-step procedure for downsizing and staffing remember that the dismissal of an employee can only be made after the exclusion of his position from the staff list, and in no case in connection with the planning of such an exception in the future. Therefore, a new staffing table must first be approved (or changes are made to the current staffing table), and only after that the number and staff of employees can be reduced. The new staffing table (as well as changes to it) is approved by order (order). The order sets the date for the entry into force of the new staffing table.

2. An order (instruction) to reduce the number / staff, an order (instruction) to approve the staffing table are registered in the manner prescribed by the employer, for example, in the appropriate register of orders (instructions). The order is communicated to employees.

3. Written notification of the employment service authorities about the upcoming release of workers.

According to part 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation" when deciding to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts employer-organization no later than two months, and an employer - an individual entrepreneur - no later than two weeks before the start of the relevant activities are obliged to notify the employment service authorities in writing about this.

In such a message, you must specify the position, profession, specialty and qualification requirements for them, the terms of remuneration for each individual employee.

The deadline for reporting to the employment service authorities will be even longer if the decision to reduce the number or staff of the organization's employees can lead to mass layoffs of employees. In these cases, it is necessary to notify the employment service authorities of the mass reduction no later than three months before the start of the relevant activities.

The message sent to the employment service authorities is registered in the manner prescribed by the employer, for example, in the register of outgoing documents.

4. We determine which specific employees cannot be fired by law, and which have the right to preferential retention at work.

There are workers who cannot be fired by law, and workers who have a preferential right to stay at work. According to Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract at the initiative of an employer with pregnant women is not allowed, except in cases of liquidation of an organization or termination of activity by an individual entrepreneur. According to part 4 of Art. 261 of the Labor Code of the Russian Federation “termination of an employment contract with a woman who has a child under the age of three, with a single mother raising a disabled child under the age of eighteen or a young child - a child under the age of fourteen, with another person raising these children without mother, with a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of eighteen or the sole breadwinner of a child under the age of three in a family raising three or more young children, if the other parent (other legal representative of the child) is not in an employment relationship, is not allowed at the initiative of the employer (with the exception of dismissal on the grounds provided for in paragraphs 1, 5–8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of this Code)”.

According to Article 373 of the Labor Code of the Russian Federation, when deciding on the possible termination of an employment contract in accordance with clause 2 of part one of Article 81 of the Labor Code of the Russian Federation with an employee who is a member of a trade union, the employer sends a draft order to the elected body of the relevant primary trade union organization, as well as copies of documents that are basis for the said decision.

The elected body of the primary trade union organization, within seven working days from the date of receipt of the draft order and copies of documents, considers this issue and sends its reasoned opinion to the employer in writing. This opinion is usually drawn up in the form of minutes of the meeting of the elected body of the primary trade union organization.

An opinion not submitted within seven days is not taken into account by the employer.

If the elected body of the primary trade union organization expressed disagreement with the proposed decision of the employer, then it shall, within three working days, hold additional consultations with the employer or his representative, the results of which are drawn up in a protocol. If there is no general agreement on the results of consultations, the employer, after ten working days from the date of sending the draft order and copies of documents to the elected body of the primary trade union organization, has the right to make a final decision, which can be appealed to the relevant State Labor Inspectorate.

The State Labor Inspectorate, within ten days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues to the employer a binding order to reinstate the employee at work with payment for forced absenteeism.

Compliance with the above procedure does not deprive the employee or the elected body of the primary trade union organization representing his interests of the right to appeal the dismissal directly to the court, and the employer does not deprive the employer of the right to appeal to the court the order of the State Labor Inspectorate.

Please note: the article also establishes the terms of dismissal: the employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected body of the primary trade union organization (we will discuss the difficulties of meeting this deadline below). In the specified period, periods of temporary disability of the employee, his stay on vacation and other periods of absence of the employee when he retains his place of work (position) are not counted.

The collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract at the initiative of the employer. Therefore, before involving the trade union body in the procedures, carefully read the provisions of the collective agreement.

Article 374 of the Labor Code of the Russian Federation defines additional features of the dismissal of employees who are members of the elected collegial bodies of trade union organizations and are not released from their main job.

If the employee refuses to receive the proposal, read it, put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the originator and the employees who were present at the refusal, and send the proposal to the employee’s home address by letter with notification and description of the attachment. The act is registered in the manner prescribed by the employer in the appropriate registration log.

If the employee refuses to receive the notification, read it, put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the compiler and the employees who were present at the refusal, and send the notification to the employee's home address by letter with the notification and description of the attachment. The act is registered in the manner prescribed by the employer in the appropriate registration log.

If the employee refuses to familiarize himself with the order (instruction) to terminate the employment contract, it is also advisable to draw up an act on the employee’s refusal to familiarize himself with the order (instruction), which is signed by the originator and employees who were present at the refusal (the law in this case does not require the drawing up of an act, but in the event of a court dispute, the act may be useful as additional evidence of the correctness of the employer). The act is registered in the manner prescribed by the employer in the appropriate registration log.

If the employee refuses to receive a work book, it is advisable to draw up an appropriate act. The act is signed by the compiler and employees who were present at the refusal. The law does not require the drawing up of such an act, but it can be useful as evidence of the innocence of the employer if a dispute arises upon dismissal and the case goes to court. The act is registered in the manner prescribed by the employer in the appropriate registration log.

• Book "Practice of layoffs" >>
• Database of 140 step-by-step procedures in the online reference database

The need to reduce the staff arises when optimizing production, falling volumes, and reducing economic activity. With a reduction in the number of jobs, part of the workers are fired on the basis of paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation, changes are made to the staffing table.

Reduction of staff is a complex procedure both socially and psychologically for employees, therefore the legislation strictly regulated the procedure for dismissal to reduce staff or headcount. The main requirements are spelled out in Art. 82,179,180,373 of the Labor Code of the Russian Federation.

Not all employees can be fired due to staff reduction. An entire department or workshop can be cut. There are employees whose right to preferential retention at work is guaranteed by law.

Let's look at who cannot be fired for redundancy:

1. Employees under treatment. Temporary disability must be documented.
2. Employees on vacation: maternity, regular, educational, without pay.
3. Pregnant women.
4. Single parents whose children are under 14 years old and 18 years old if the child has the status of a disabled person.
5. Mothers raising children under 3 years of age.
6. Representatives of the working group.

Benefits for some workers when laid off

There are situations when reducing, when one of the identical positions is excluded. The legislation provides for rules that facilitate the choice of an employer. Preferential leave at work in accordance with Art. 179 of the Labor Code of the Russian Federation have:

1. Employees with two or more minor children.
2. The only breadwinners in the family.
3. Employees with an occupational disease or injury received in this organization.
4. Employees studying under the direction of the employer.
5. Military invalids.
6. Persons affected by radiation sickness.

Stages of dismissal during job cuts

Let's consider how the layoff for staff reduction occurs. Step-by-step instructions for 2018 provide:

1. Downsizing cannot be done arbitrarily. An order is required to amend the staffing table indicating the positions that will be excluded.
2. Further, interested parties are notified: the trade union organization, if any. Notification shall be sent at least two months prior to dismissals.
3. Also, at least two months before the reduction, the Employment Center is notified. A list of persons is sent with indication of positions and professions. In case of mass reduction, it is necessary to notify the EPC 3 months in advance.
4. Employees are also notified two months in advance. The notification must be in writing, the employees get acquainted with it against signature. Dismissal before the expiration of the notice of reduction is possible upon written application of the employee. Compensation is charged for the period remaining until the expiration of the two-month period.
5. The presence of vacancies in the organization obliges the employer to offer these places to laid-off workers. Vacancies may appear within two months from the date of notification, these vacancies must also be offered to employees who have been made redundant. Vacancies must correspond to the qualifications and health status of employees, but the entire list is offered. The procedure is drawn up in writing, if the employee refuses the proposed vacancy, a corresponding entry is made on the proposal form and signed. If the employee agrees to the proposed vacancy, a transfer order is issued.
6. After the expiration of a period of two months, an order is issued to terminate the employment contract, with which it is necessary to familiarize the laid-off workers.
7. The last day of work is the day of dismissal, the employee receives a work book, calculation and certificates of average earnings. At the request of the employee, the employer is obliged to issue other documents related to his work. The basis for dismissal in the work book is 81 articles of the Labor Code of the Russian Federation - dismissal due to staff reduction, paragraph 2, part 1.

Details about layoffs during staff reductions in this video

Downsizing payments

The reduction of an employee involves the payment of compensation in the amount of the average monthly earnings of the employee. If an employee who has registered with the employment center within two weeks after the reduction is not employed within three months, then payments are made for each month of unemployment. Compensation paid upon dismissal is considered payment for the first month. Also on the day of dismissal, wages and vacation pay for unused days of the next vacation are paid.

In case of violation of the procedure for dismissal or illegal reduction, the employee has the right to apply to the State Labor Inspectorate and to the court. The State Labor Inspectorate will check compliance with the law when laying off workers, the results of the check will be good evidence in court. The court reinstates the employee in case of illegal reduction and obliges the employer to pay compensation in the amount of the average earnings for the period when the employee was forced to not work.

In this case, the dismissal of an employee occurs at the initiative of the employer and arises as a result of a reduction in staff units or positions in the enterprise and is regulated by Article 81 of the Labor Code. Consider a step-by-step procedure, compensation due to an employee and some of the nuances that may arise. We will also determine which categories of citizens fall under such a wording, and which do not.

General concepts

Reduction is a fairly legal tool that an employer resorts to in order to “optimize” the staff. But in turn, this can cause a number of problems and an additional financial burden for the employer, so they often resort to a trick - “you have been laid off, write a statement on your own - this wording is better.” It all depends, among other things, on the initiator of the process.

Of course, all actions during such a dismissal must be observed in accordance with the law and deviations from it can bring problems to the organization. Therefore, it is in the interests of the employer to do everything right so that the employee does not go to court.

Preferential right of the employee not to be laid off

It is worth noting an important point that certain categories have an advantage when compiling a list of employees:

• When an employee is on vacation
• With temporary disability
• It is forbidden to dismiss the following employees - pregnant women and women who have a young child under the age of 3 years
• A single mother who is raising a child under 18 who is disabled or a minor under 14
• Leave an employee with higher labor and qualification indicators
• If the choice fell on employees who are in equal positions, then priority is given to family employees who have 2 or more dependents; in whose family there are no other persons with independent earnings; who received an occupational disease or work injury from the employer; participants in hostilities or the Second World War; workers who improved their qualifications on the job.

Dismissal to reduce staff step by step instructions

Step 1. Issuing an order to carry out the reduction

For the legality of actions, it is necessary to issue an order. For understanding, we note that the order to dismiss and the order to reduce staff are different documents. The very form of the order to carry out measures to reduce the staff does not have an approved form, however, its preparation requires a responsible approach. It must reflect the date of reduction and reflect the changes made to the staffing table. A new approved staffing table will also be required.

Step 2. Notifying employees, offering other vacancies

According to the rules of the Labor Code, the employer is obliged to notify the employee 2 months before the onset of a reduction in staff, headcount, or in the event of liquidation (bankruptcy) of the company. Based on the decision made, a new staffing table and an order are issued, which are brought against signature to each employee who has been made redundant.

In the event of reorganization or reduction, but not liquidation, the employer's obligation is to offer employees who have fallen under the reduction all vacant positions corresponding to their experience and qualifications (clause 3 of article 81 of the Labor Code). But in practice, the organization simply “forgets” about it, and employees simply do not know about it.

Upon receipt of a notification with the proposed vacancies, the employee has the right to agree to such a place or not. In the first case, the employee is transferred, and in the second, the employee is dismissed.

Step 3. Notification of the trade union organization and the employment service authorities

If there is a trade union organization, it must also be notified of the ongoing reduction. The issue of timing was controversial for some time, but by definition No. 201-O-P, which was issued on January 15, 2008, the deadlines were set - to notify 2 months before the date of dismissals, in case of mass actions - 3 months.

The opinion of the trade union organization must be sent to the employer within 7 days, otherwise it will not be taken into account. If the trade union does not agree on the fact of dismissal, consultations must be held within 3 days, and they should be recorded. If consent to these actions and agreements were not reached within 10 working days, the employer has the right to make a final decision on the reduction.

By the same principle, it is necessary to notify the employment service. Notifications were approved by government decree as amended No. 1469 dated 12/24/2014 - with a reduction in the enterprise for 2 months (download the notification form, according to Appendix No. 1) or for mass layoffs, then 3 months in advance (download the form, according to Appendix No. 2).

Step 4. Dismissal order

For the final initiation of dismissal, it is necessary to issue an order in the form T-8. At the same time, in the column "reason" it is necessary to indicate the reason for dismissal - to reduce staff. After that, the order must be signed by the director and also, after familiarization, signed by the employee.

Step 5. Entry in the work book

Next, you should make the appropriate wording in the work book, in which the reason is displayed - reduction, referring to the article of the Labor Code. For example, “The employment contract was terminated due to the reduction in the staff of the organization’s employees, clause 2, part 1, art. 81 of the Labor Code of the Russian Federation.

Step 6. Entry in the work book registration book and employee card

Simultaneously with the issuance of a work book to an employee, you should receive a signature from him in the journal for issuing work books. And then you need to enter the data in the employee's personal card - the date of dismissal and the reason.

Step 7. Layoff for redundancy payment of benefits

Let's look at what benefits and payments are due to the employee. It is the fulfillment of obligations under this paragraph that pushes the employer to negotiate with the employee, and sometimes intimidate him, to write a statement of his own free will. Payments are regulated by Art. 178 TK.

Upon dismissal due to redundancy, the employee is entitled to a severance pay, which amounts to the amount of one average monthly salary, and the average monthly salary is retained for the period of his employment, not exceeding 2 months. Upon dismissal, the employee is issued a certificate of his average monthly earnings (including the amount of severance pay). If within 2 months the employee did not find a job, then the organization is obliged to pay the employee for another 2 months.

To receive these compensations, the employee must register with the employment service. In exceptional cases, by decision of the service, the employee may be paid for the third month. For payment, the employee must provide the employer with his work book, in which there are no employment records, including an application. Payments are made after 2 months from the date of dismissal.

In addition, the employee is entitled to standard payments - compensation for unused vacation (if any) and with it the calculation for the days worked.

After signing the documents, it is necessary to pay the employee on the last day of his work.

Appealing actions by an employee in court

In case of misconduct, the employee has the right to sue and appeal the decision. To do this, within a month from the date of receipt of a copy of the dismissal order (or receipt of labor, or from the date of refusal to receive an order or labor under Article 392, part 1 of the Labor Code), it is necessary to file an application with the district court to recognize such dismissal as illegal, as well as to recover from the employer during his absence the amount of average earnings.

By decision of the court, the employee may be reinstated at his previous place of work and may also recover in his favor the amount of compensation for the time of absenteeism. In particular, they can change the wording according to which the employee was dismissed to dismissal of his own free will (parts 3, 4 of article 394 of the Labor Code), as well as award moral compensation.

You may also be interested

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Step-by-step instructions for the layoff process for downsizing

Recently, cases of the employer using the redundancy procedure as a reason for dismissal have become very frequent. Despite the complexity of such a process, often for management this option is the only correct and possible one.

Therefore, it is worth understanding the legal intricacies of the procedure, the rights of employees to compensation of a different nature.

In what case is

The dismissal of employees to reduce the staff should be carried out in cases where there is an economic need for this. Moreover, the law requires the employer to indicate the specific reason for the forced reduction in the number of employees in the text of the dismissal order.

Among the cases due to which the management may decide to reduce the state, we can note:

• reorganization of the enterprise;
• availability of prerequisites for liquidation;
• change in technological working conditions, which will make some positions unnecessary;
• low profitability, which requires management to optimize costs, primarily for labor costs;
• the presence of positions that are not needed, or such work functions can be enlarged and reallocated.

Who can't be fired

Downsizing is always the initiative of the employer. But, labor legislation defines a number of categories of employees who cannot be dismissed under this article.

When reducing the number of positions in the staffing table, management does not have the right to dismiss:

1. Pregnant employees.
2. Women on maternity leave (leave to care for a child up to 3 years of age).
3. Single mothers whose child is not yet 14 years old (18 years for children with disabilities). It is important here that the mother has the official status of a loner, or the second parent does not have a permanent source of income. This point also applies to single fathers, since the Labor Code does not separate the concept of single parents by gender.
4. The only breadwinner in a family with a disabled child under the age of 18, or a large family with children under 3 years old.

The employer does not have the right to dismiss under Art. 81 employees with the highest qualifications in the field of professional activity of the enterprise. Restrictions also apply to employees with high labor productivity.

But, in this case, you will have to document the fact of good work with various documents, for example, diplomas, certificates of passing specialized courses for advanced training, certification documents.

If all employees have approximately the same skill level, the employer must keep the job in the first place:

• persons who are married and have dependents;
• the sole breadwinner in the family;
• employees who were injured or ill while performing their professional duties;
• invalids of the Second World War, other military operations;
• employees who are taking refresher courses.

It is also important for the employer to take into account the collective agreement, since other protected categories of employees may be registered there, for example, those related to length of service. Often the immunity extends to certain union members.

Video: The essence of the procedure

Step-by-step instructions for dismissing an employee to reduce staff in 2018

The full procedure for reducing the staffing table is located in the articles of the Labor Code, and each employer must clearly follow the procedure provided there.

Conventionally, this procedure can be divided into 4 stages:

1. Order preparation.
2. Familiarization of each employee with the text of such a document against signature.
3. Notification of government agencies.
4. Direct dismissal.

Each stage has many bureaucratic features, both for its implementation and for preparation. Let's consider each step in more detail.

Notification

It is impossible to legally carry out staff reductions in just a few days. Article 180 of the Labor Code of the Russian Federation requires the employer to issue an appropriate order at least 2 months before the reduction.

The date of counting of these two months is the day of delivery of the relevant notice to the employees.

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Also, the management of the enterprise must notify the Employment Service of the upcoming dismissal. The notice lists the names of all employees subject to redundancy, their experience, qualifications and salary level.

At the same time, if a mass layoff is planned, the notice must be sent no later than 3 months before the start of the layoff. For individual entrepreneurs, the notice period for the CSP is two weeks.

If there is a created trade union in the company, in parallel with the notification of the Employment Service, this body is also notified. If there are trade union members on the dismissal list, the company management must justify its choice.

Objections of the trade union can be expressed within 1 week from the date of receipt of the notice.

The form of notification is not fixed by law, and is determined by the enterprise independently. In addition, the document should also contain a list of vacant positions where employees will be asked to move.

Order

2 months before the reduction of staff, the management of the enterprise must issue an appropriate order. Before that, a new staffing table is being developed and approved.

The dismissal order due to staff reduction must contain the following information:

• reasons for the reduction;
• persons responsible for the event (employees of the personnel department and accounting department);
• clear deadlines for the procedure.

In the order, it is important to indicate all the nuances of payment and settlement. The document is certified by both parties.

Possibility of translation

In order to carry out the redundancy procedure legally, the employer must go through the new job creation procedure and offer the redundant workers the opportunity to transfer.

New vacancies may be low-paid, require less qualifications, or even be located in another region. The refusal of the employee from the proposed alternative must be recorded in writing under the signature.

So that employees do not delay the process, it is worth specifying in the notice a clear time frame for making a decision on the transfer.

In case of refusal, the employer begins the procedure for terminating the employment relationship.

Entry in the workbook

When employees are dismissed due to staff reduction, a corresponding entry is made in the work book with reference to 2 hours 1 of Art. 82 of the Labor Code of the Russian Federation.

Payment of salaries and compensation

All employees who have fallen under the reduction of staff must be correctly calculated.

According to the norms of the Labor Code, such employees are entitled to expect payment of wages and severance pay, including:

• wages for all actually worked days of the current month;
• compensation for unused vacation;
• compensation in the form of average earnings per month;
• average monthly salary.

To receive payments to reduced pensioners, a slightly different scheme is provided.

Calculation

The employer is obliged to pay all payments and compensations provided for by law to the employee on the day of dismissal. However, this only applies to the first three payments.

He has the right to apply for the average monthly salary only 2 months after the reduction. To receive a payment, you need to write a corresponding application and present a work book.

A month later, you can again apply for such a payment, but you will already need a certificate from the CSC stating that the person is not registered with them.

It is important to comply with the deadlines, and also not to try to receive compensation for employment during this period, since such actions threaten litigation and fines.

Delivery of documents

The procedure for terminating an employment relationship is drawn up in the personnel department. Employees of the department make an appropriate entry in the work book of the dismissed employee, a copy of which is placed in his personal file.

For subsequent employment, it is very important to comply with all requirements for making such records.

On the day the documents are issued, the employee must sign in the accounting book on receipt of the work book. In addition, he is issued with a dismissal order.

The delay in payments and issuance of a work book in accordance with the current legislation provides for liability on the part of the employer.

If payments are delayed, interest is charged in the amount of 1/300 of the Central Bank refinancing rate for each overdue day.

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Reduction of staff according to the Labor Code of the Russian Federation in 2018: instructions and registration

The reduction in the staff of employees under the Labor Code of the Russian Federation in 2018 is associated with the need to strictly comply with the requirements for the preparation of documents and the timing of their submission to employees and trade union organizations. The abolition of a position may result in the transfer of an employee to another job function, if there is mutual agreement.

When an employer has to resort to a staff reduction procedure

The reduction of staff according to the Labor Code of the Russian Federation in 2018 regulates the presence of significant circumstances, among which should be highlighted:

1. The enterprise will be reorganized;
2. There are prerequisites for liquidation;
3. It is planned to change the technological working conditions.

In fact, the reduction is due to the need to optimize costs through structural changes and reduce the bloat of the staff, the consolidation of the work function for each employee and the redistribution of responsibilities.

When dismissing due to staff reduction, the following procedure must be observed:

• Reductions are only allowed if there is a good reason;
• The procedure must be agreed with the trade union organization;
• The employer, if possible, is obliged to offer an alternative position or job function within the qualifications of the employee;
• Exclude from the number of employees, persons who have the prerogative to remain in the state in accordance with the law;
• Deadlines for notification should be clearly provided;
• All orders issued as part of the procedure for the abolition of the staffing and termination of employment relations must be registered in the register of orders (orders).

Step by step guide to downsizing

In order for the employer to avoid legal liability, it is necessary to correctly draw up the entire procedure for reducing the staff, based on the provisions of the Labor Code of the Russian Federation.

The layoff for staff reduction has the following form of step-by-step instructions:

1. Preparation and adoption of a document on staff reduction due to the relevant decision of the founders, owners of the organization;
2. Determine the personnel who cannot be dismissed on the basis of the law and those whom the employer gives priority due to their labor characteristics (the specified event must be drawn up in writing in the form of a summary comparison table, which indicates the analyzed data for each employee);
3. Approval of the new number of employees remaining in the state;
4. Initiation of an order to reduce the number of company personnel.

• Exhaustive reasons for downsizing;
• Positions to be abolished;
• The timing of the procedure and the timing of the termination of the employee's labor function;

Familiarization with the order of employees:

• Not later than 2 months before the date of the proposed dismissal;
• The document is drawn up in writing, in two copies, one of them remains with the employee, and the second is returned to the employer;
• Personally for each employee;
• Under painting;
• The order first provides for the abolition of the position and further reduction of the employee.

Notification of the trade union organization of workers, employment service:

• with a slight reduction. approval is carried out within 2 months;
• if a mass dismissal is planned, then a 3-month period is allotted for approval;
• the message contains information about the abolished positions, professions, specialties, qualification requirements for them and the amount of wages personally for each of the dismissed employees;
• the message, without fail, is registered in the journal of outgoing documents;

Termination of the contract with each of the reduced employees:

• implies the issuance of dismissal orders for each employee in the abolished position;
• the employer cannot reduce employees who are on official leave or temporarily disabled at the time of issuing the order.

Entering relevant data into the employee's work book;

Making a note-calculation on the basis of termination of labor relations;

Making settlement payments, issuing work books.

Since the creation of the order to reduce the number of employees, the employer assumes the obligation to notify such employees in relation to newly opened vacancies that are not subject to abolition. The employee retains the right to choose whether to accept a new position or refuse.

The Labor Code of the Russian Federation indicates other terms for notifying employees about staff reductions, due to some peculiarity of the labor function or organizational and legal form.

These include the following dates:

• 7 calendar days - the period for notifying employees engaged in seasonal work;
• 3 calendar days - the notice period for employees who have concluded a fixed-term employment contract with the employer for a period of up to two months;
• 14 calendar days is the period for notifying employees who fulfill labor obligations with an employer - an individual entrepreneur.

Which workers can be laid off

The law introduces restrictions on the circle of persons who are prohibited from being fired due to a reduction in the number of staff. Among them:

• Pregnant women or women on maternity leave (until the child reaches 3 years of age);
• Single mothers or any other parent, guardian, raising a child by single efforts;
• Mothers raising a child with a disability;
• Persons who are the sole breadwinners of the family;
• Persons who work off a previously stipulated period (for example, in the case of distribution upon completion of training on the basis of a contract to subsidize the cost of the educational process at the expense of the organization).

1. In view of the liquidation of the organization;
2. By agreement of the parties (coincidence of the intentions of the employer and employee).

There is another classification of employees, which is endowed with low risks (preferential right to retain the labor function) of dismissal in case of staff reduction. These include workers:

• with high labor productivity;
• having at least two dependents;
• invalids of fighting and labor;
• who have received an industrial injury, mutilation or occupational disease while working for this employer;
• invalids of the Great Patriotic War;
• improving their qualification skills on the job in accordance with the direction of the employer.

Additional grounds for the preference of persons from dismissal may be contained in an employment or collective agreement, among which the employer may give preference to those entities who have worked in his team for more than 20 years or those who have the last year left to work before retirement.

Employees who are not included in a special category may be dismissed in accordance with the rules of Art. 81 of the Labor Code of the Russian Federation.

There is a certain order, according to which, the first to be fired are:

• workers with lower qualifications (the decision is made by a specially created qualification commission);
• have worked less time.

The decision of the commission must be made on the basis of objective data, which are formed on the basis of the level of fulfillment of the production standards of specific employees, the quality of the work they perform, documents on education, certification results, certificates of advanced training.

If each of the employees whose position is to be abolished is in equal production opportunities, then the manager makes a decision to reduce in favor of those who:

• a greater number of days spent on sick leave can be traced;
• there are more delays, reprimands, mistakes made or manufacturing defects.

Payments and compensations to employees dismissed due to staff reduction

All redundancy payments are made on the day the employment relationship with the employee ends.

The reduction of staff according to the Labor Code of the Russian Federation in 2018 implies the following compensations:

• earnings for the current month;
• payment of severance pay in accordance with the size of the average monthly earnings (paid as a lump sum);
• compensation for unused vacation days;
• sick leave payment;
• maintaining the average monthly earnings for the period of looking for another job (no more than 2 months and including severance pay).

A separate type of compensation is payments due to an employee who, by mutual agreement with the employer, terminated his labor duties before the end of the 2-month term of dismissal. Such payments are calculated based on the proportion of average earnings and the time remaining before the expiration of the notice period.

1. persons engaged in seasonal work are awarded a severance pay in the amount of 2 weeks of earnings;
2. employees of the Far North and areas equivalent to them are entitled to claim severance pay and the preservation of the average monthly earnings for a period of 2 to 6 months (subject to contacting the employment service in the first month from the date of dismissal, through whose efforts they were never employed).

To fully understand what the compensation payments of an employee who has been made redundant can be, consider a detailed example:

• Severance pay \u003d number of working days in the first month after dismissal * average daily earnings;
• Average daily earnings \u003d total annual income: the number of working days in a year;
• According to the conditions, the total annual income of Ivanov A.A. will be 180,000, the number of working days in a year is about 247. Based on this, the average daily earnings will be 728.7 rubles.
• The number of working days in the month following the day of dismissal is 23.
• Ivanov A.A. will receive a severance pay in the amount of 16,761.1 rubles.

When calculating severance pay, the following nuances should be taken into account:

• from the total annual amount of earnings, payments attributable to periods of temporary disability and vacation pay are excluded;
• when calculating financial assistance, the countdown is carried out starting from the next day after the dismissal;
• the amount of income may be affected by other one-time bonuses and personal cash incentives for the employee;
• days of vacation and temporary disability are deducted from the volume of actually worked days per year.

Conclusion

Dismissal, due to a reduction in the number of employees, can occur only on the basis of the decision of the founders of the company and in the presence of a weighty argument. The law identifies categories of citizens who cannot be reduced a priori, except in cases related to liquidation measures. In the process of implementing the procedure for reducing the number of staff, the employer is obliged to correctly draw up all related documents, offer dismissed employees other available vacancies, ensure compliance with deadlines and provide former employees with mandatory and compensation payments.

Downsizing procedure: step by step instructions

Reducing employees, we adhere to the established procedure

When laying off workers, it is extremely important to comply with the procedure established by the Labor Code (Articles 179, 180 of the Labor Code of the Russian Federation). If you break something and do it your way, it can turn into additional troubles and expenses for the organization. After all, the court can reinstate a dismissed employee at work and force the organization to pay for his forced absenteeism (Article 394 of the Labor Code of the Russian Federation). Therefore, it is better not to violate the established algorithm for reducing an employee.

The reduction algorithm is established by the Labor Code of the Russian Federation

For the convenience of readers, our experts have prepared step-by-step instructions for reducing staff 2018, which should be followed when reducing staff:

Step 1. Issuing an order

The first step is to issue an order to reduce the number (staff), as well as prepare a new staffing table for the organization. It is clear that in practice there may be several editions of the new staffing table.

Step 2. Determining whether employees have preemptive rights

Further, it is necessary to establish whether any of the employees has a preferential right to remain at work. This procedure must be done before compiling a list of laid-off workers (Article 179 of the Labor Code of the Russian Federation).

Step 3. Preparation of a list of dismissed employees (reduced positions)

The next step is to prepare a list of reduced employees (positions). And this is not a formal document. Without such a list, the court may invalidate the dismissal of the employee and reinstate him in his position.

Step 4. Notify workers

After the list of those laid off has been compiled, it is necessary to warn employees about the upcoming reduction (part 2 of article 180, part 2 of article 292, part 2 of article 296 of the Labor Code of the Russian Federation). To do this, all employees affected by the reduction must be sent a notice of reduction. This must be done in advance: at least two months before the date of dismissal.

Step 5. Job offer

The next mandatory step in the reduction is the offer of vacant positions in the company to dismissed employees (part 3 of article 81, part 1 of article 180 of the Labor Code of the Russian Federation). Moreover, it is not at all necessary to offer positions of equal status, the main thing is that the employee does not have medical contraindications for the proposed work.

Step 6. Registration of the transfer of employees who wish to remain in the company

If one of the employees agrees to the position offered to him, then you need to arrange a transfer by signing an additional agreement and issuing an order (Article 72.1 of the Labor Code of the Russian Federation).

Step 7. Notice to the employment service

Further, it is necessary to notify the employment service and the trade union, if, of course, it is created in the organization. This must be done in writing (part 1 of article 82 of the Labor Code of the Russian Federation, clause 2 of article 25 of the Federal Law of 19.04.1991 No. 1032-1). After notifying the trade union of the upcoming reduction, it is necessary to coordinate with it the dismissal of workers - members of the trade union (part 2 of article 82 of the Labor Code of the Russian Federation).

Step 8. Dismissal and payment of severance pay and compensation

Finally, after following all the established procedures, employees can be fired by paying them a severance pay. Employees dismissed early (with their consent) need to additionally pay compensation in the amount of average earnings for the time remaining until the expiration of the dismissal period specified in the notice of reduction (clause 2, part 1, article 81, 178, part 3, article 180 of the Labor Code of the Russian Federation).

These are the step-by-step actions of the personnel officer when reducing staff in 2018.

The article was written based on materials from sites: otdelkadrov.online, infportal.ru, 101zakon.ru, mbfinance.ru, blogkadrovika.ru.