An example of a reduction notification. In addition, the document must be. In the document header you need to specify

A reduction notice is a document that is awarded to the employee personally under the painting 2 months before his dismissal. In addition, vacant positions that exist on this moment In the organisation. Otherwise, the former employee of the organization may apply for the protection of interest in the judiciary.

Order

Compliance with the whole procedure for dismissal to reduce the state is a guarantee that the employee will not apply to courts in order to recover at work in his position. That is why the manager needs to competently arrange this process from beginning to end.

As Part 2 of Article 180 of the Code of Labor says, the boss warns a citizen about the upcoming reduction a couple of months before the upcoming date of dismissal. At the same time, he must offer him all the posts available at the enterprise, even if they do not correspond to the employee's qualifications.

Therefore, the reduction notification must be competently arranged in compliance with all the norms of the law. Because this document is primary information that is communicated to the employee personally and under the painting.

Registration

The reduction notice must be drawn up in writing and necessarily in two copies. On one of them, the employee must sign and specify the receipt date. If the employee refuses to sign this document, it must be fixed in a special act. The reduction notification should contain not only information about the upcoming dismissal, as well as a list of vacancies that are in the organization. In the event that a citizen agrees to another position, then it is necessary to issue his translation.

Notice of reducing employee. Sample

This document will be confirmed by the fact that the employee knew about the upcoming dismissal and it was not surprising for him. It is drawn up as follows:

To whom ____________ FULL NAME

Position

Company name

Employee Reduction Notice (sample)

Dear ______________ (Name of Citizen)!

In connection with the reduction in the number of employees, on the basis of paragraph 2 of Part 1 of Article 81 of the Code of Labor, we notify you that the position of ___________ will be removed from staff schedule with _______ (date), on the basis of order No. _______.

In accordance with Part 3 of Art. 81 TC, we offer the following vacancies:

______________________.

Date ____________ Specialist in personnel ___________

With a notification of reduction acquainted ____________ (signature and date)

From the proposed posts refuse ____________.

The document must be signed by a personally employee who will be dismissed on this basis. In addition, the main condition here must be the observance of a two-month period before the reduction. Otherwise, this will be considered a gross violation of labor legislation.

What is required

A notice of reducing position, a sample of which is not determined by legislative norms, is a document that warns a person about the estimated dismissal two months before the date of completion of official relations.

If, in its compilation, this period will not be taken into account by the employer, then the person has the right to appeal such actions of the authorities in court. Because a notice of reducing the position, the sample of which is given in this article, is considered the first and most important document when conducting the entire dismissal procedure of the employee.

In addition, personnel professionals need to be remembered that the official relations on this basis can be terminated with all employees. For example, women who are in the position and expect the appearance of a baby, as well as those who have children under the age of three years cannot be dismissed due to staff reduction. Also preferential right have those categories of workers who possess the highest productivity and are the only able-bodied members in their family.

Timing

A notice of reducing the position of a citizen must receive personally in hand and strictly two months before the date of his dismissal. It is compiled in two copies. At the same time, one remains at the employee, and the second with his signature is transferred to the organization. In the event that an employee refuses to receive a notice of reducing the post, then a special act is drawn up, which is signed by two other employees and is fed into a personal matter of the citizen.

If the employee for some reason is absent in the workplace, this document may be sent by mail with the mandatory attachment description. It is advisable to draw up such letters with a notice of delivery.

It should also be noted that a citizen can be dismissed before, without waiting for the expiration of two months from the moment of notice. At the same time, the head of the organization must pay him on the end day of official activities a reward for vacation, if it has not been used, and output benefit.

Compilation

A state reduction notification is the document, the standard form of which is not provided for by labor law. However, when it is drawn up, it is necessary to follow the following rules:

It must be decorated on the Blanc of the Organization;

Specify vacancies that are available at the enterprise in currently, indicating the salary;

There must be a place to sign an employee, as well as for his boss.

In addition, the head of the Organization may complement this document and other items. State Reduction Notice Signs a personnel specialist, as well as the head of the enterprise. It is advisable to include in this document on the consent of the person to take offered positions or refuse them. It should also be traced that the employee put his signature on it and its decryption, as well as the exact date receipt.

Employment Service

After the notice of the reducing employee was awarded to him personally, it is also necessary to notify the center of this, which is engaged in the employment of the population. In addition, it is necessary to do this two months before the upcoming dismissal of one employee on this basis of the TC. Such actions are considered necessary for the employer and are provided for in the Federal Law "On Employment of the Population". In the event that the abbreviation is massive, then notify this service is needed three months before the activities of these activities.

Such norms of law are mandatory for all managers, and their ground violation May lead to very sad consequences and legal proceedings. Therefore, the notification of the employment center on the reduction of employees of the company must be made in the deadlines specified by law.

Alert

After the notification of the reduction, the sample of which we already led, will be awarded an employee under the painting, then on the same day it is necessary to notify the employment service. In the event that several employees are subject to the dismissal on this basis, the notification of the competent authorities should be carried out three months before the outlined date of termination of contracts.

Since there is no standard form of such a document. You can use our sample. The state reduction notice for the employment center is filled so:

___________________ (FIO of the service leader)

___________________ (organ name)

___________________ (address)

Dear _________________ (name and patronymic)!

We notify you that in connection with the reduction in the number of citizens in the enterprise ______________ (name), no later than _________ (date) labor contracts will be terminated on the basis of Article 81 of the Code of Labor with the following employees:

Director of the enterprise __________________ (initials and signature)

Telephone for communication _____________

Also, the boss is entitled to indicate the work experience of these citizens and their wages, although this is not mandatory conditions, because after registration with the data of the authorities former workers all documents will be submitted for subsequent employment and certificate of wages.

Cancellation

In the event that the head of the enterprise has the opportunity to preserve the jobs of its employees and he does not want their dismissal, he can publish a new order that will be directed to cancel the previous one. The reasons here may be the following:

Improving the economic condition of the organization;

Edition of the disposal of an unauthorized person.

The order, which was canceled, is made to other documents and is not to be destroyed. In addition, another order is created for cancellation under a certain number and date, which counteracts the first.

At the same time, their positions are preserved for citizens, and notifications about the upcoming reduction are considered insignificant.

Finding on sick leave

Many citizens are interested in the question of whether the manager can produce a dismissal procedure due to the reduction in the event that the person is temporarily disabled? So, the termination of an employment contract with a person who is on the hospital is strictly prohibited by law. In addition, before conducting such events, a person must receive a personally notice of reduction. Terms of time should be observed. As read Art. 180 TC, an employee must be warned about a reduction two months before the upcoming dismissal. If at this moment the person is on the hospital, then the notification must also be handed him under the painting. This will indicate that the worker was notified properly about the upcoming dismissal. But to complete the service relationship with him during this period the head is not right.

If a person has disability

In this case, the employee will have a greater advantage than other citizens to stay at their workplace. Especially if it has a high productivity, he has several dependents in his family, which are completely on its provision and do not have independent income. And in the event that the disability was obtained by them in the performance of labor duties.

Certain date

Warning citizens about the outlined dismissal, the manager indicates a notification to the exact date for the cessation of labor relations. At the initiative of the chief himself, this period can be increased, and then the employee has great chances of subsequent employment and increases the time to search for a new place. If at this time a person gets ill, then the manager stops with him a service relationship after the release of the latter from the hospital sheet.

Employee law

In most cases, employee rights are always protected to a greater extent than the interests of his chief. It is for this reason that leadership of organizations in the reduction of states must be observed. Because the incorrect procedure for dismissal on this basis, even one employee can bring His chief of great trouble.

As a rule, workers who consider that not enough to reduce a large number of moneyThey appeal after this to the judicial authorities for the protection of interests. Some managers illegally hold vacation, although in this case it is prohibited. Because the employee is not dismissed on his own initiative, and labor relations are dissolved with him.

In addition, many employees after cuts cannot receive a benefit from the employer for the third month, even though they submitted a certificate from the employment service with confirmation of what was registered in laid period Since the cessation of official relations with the enterprise.

In most cases, employers simply use the legal illiteracy of their subordinates. Therefore, the persons who fell under the reduction should know their rights and protect them, or seek help from professionals.

The company, due to the existing circumstances, may terminate the activities in certain areas, in certain territories and reduce the staff or number of personnel on economic feasibility. In this case, the procedure of reduction begins against employees of the organization, as a result of which some may be translated into another position, and some are dismissed.

The decision to reduce personnel is accepted at the level of the head of the enterprise. After that, it is necessary to publish with the indication of the reasons, the posts that need to be reduced, the date of making changes to the staff schedule, the dates of termination of the employment contract, as well as designate responsible persons According to this procedure.

The concept of "reduction of the number" and "reducing position" should be distinguished. In the first case, this profession is preserved in a staffing schedule, the number of places is reduced. In the last option - the position should be excluded from the document.

Personnel workers make changes to the enterprise, and the head, indicating the date of entry into force. The company needs to be reported to reduce the union and employment authorities.

In accordance with labor standards The procedure for reducing the post and notice of the employee in writing must go through two months before dismissal, and with a mass termination of contracts for three months. It must be remembered that by law certain categories of employees can only be reduced when the organization is liquidated.

Notify is needed by each employee who has fallen into the reduction list, with the presentation of one copy of the painting. You can send it by registered mail With the description of the attachment and notification of the delivery through the mail.

If there are unoccupied vacancies in the organization or free, the employer must offer them to shortened employees.

How to write a notice of reducing position

There is no unified document notification document. The personnel service is in free form in compliance with the necessary details.

It is desirable to design it on or above to indicate the name of the enterprise (full or abbreviated) and the company details.

In the upper right corner, information about the post is filled structural division, Full name, the full address of the employee to be reduced. The following is the name of the document and its serial number that the frame is assigned at the time of making a record in the registration log. It is necessary to record the date and location data.

After that, in free form, an employee of the enterprise on behalf of the company's management reported on the upcoming reduction. The text must contain the reason and details of the order of the reduction, the corresponding article of the TK RF. The notification should include the date of the upcoming dismissal, as well as information that the employer in the event of vacancies appears, will offer them an employee.

Features of the preparation of a notice of reducing position

The employee of the enterprise when notifying it on the reduction can refuse to sign in this document, then the personnel department makes a mark on it and makes an act of refusing an employee from familiarizing the dismissal warning in the presence of two or more witnesses. After that, it is desirable to send him a registered letter to draw up an act and attach it to a copy. Another way out in this situation will send this document to a registered letter with the description of the investment and a notice of the presentation.

In the event of a vacancy in the staff, a reduced employee is sent notice of vacant positions when reducing the sample of which is attached below.
It has a similar form notice form. In his text (better in the form of a table), information on available vacancies should be presented with an indication of the number of units and the amount of remuneration, information about the reduction and norm of the Labor Code of the Russian Federation.

Notification of the Reduction of Workers - one of the most important documents in the design of the procedure. The mistakes allowed will inevitably lead to litigation. Read about how to make it properly, download a sample document

From this article you will learn:

Refreshness notice

The process of trickling the state or number in the company relates to the most labor-intensive and expensive events for the enterprise. After the management assumed the appropriate decision and issued the appropriate order, it must take at least two months before the first layoffs.

The reducing position implies the dismissal of all employees who occupy such a position in a specific unit. After signing the order, all employees falling under the reduction should receive a notice of reducing the staff of employees. The sample is prepared 2 months before the procedure starts in 2018.

Such a document is sent to the dismissed employee. The release date must be specified no earlier than 2 months from the date of the notice. Counting of the label will begin with next day. From an employee, you need to get a written confirmation that he received a notice, date and signature.

It is more convenient to make paper in two copies. One hand the employee, and on the second to receive confirmation from it.

Prescribed and the ability to dismiss the employee before the expiration date specified in the notification.

Find the example of a personnel office document in the framework of the Personnel Directory. Experts have already made 2506 templates!

Notice of reducing position without vacancy offer

Listing the list of vacancies in the notification is not legally enshrined. Labor Code It does not regulate the number of proposals for the change of position and when such proposals must be received by the dismissal. Part 3 Art. 81 TK RF assumes only the fact of the proposal. Therefore, the employer may not include vacant positions in the status cutting letter.

The notification looks more concise, and the employer will avoid the transfer of "unnecessary" employees to other units. At the same time, do not forget that the rest of the reduction conditions should not change:

notification Date;
notice period;
date of dismissal;
base of dismissal

And on the day of dismissal, in any case, you need to familiarize the employee with such a list. Acquaintance must be made under the painting, to confirm the fact itself. This will protect the interests of the employer in the event of labor disputes.

Full unit reduction notification

The reduction in the regular unit differs from the reduction of the position of the fact that only a few regular units is cut down, and the entire position is excluded. The basis of dismissal and the period of warning does not change.

When choosing a candidate for a reduction, it is worth considering priority in leaving for work (Art. 179 of the Labor Code of the Russian Federation). The main criterion of leaving is the best qualification and productivity. The level of the employee must necessarily be confirmed documented (diplomas, certificates, knowledge checks etc.).

With equal conditions, priority is given:

family (2 or more dependents);
the only family working in the family;
received injury or careball during work on this company;
disabled wives and battles;
improving qualifications without separation from production.

The text of a short-range notification is different from the previous ones, it can also be with or without vacancies.

New opportunities for career growth

Early reducing employee before the expiration of the warning period

Dismiss an employee to reduce before the expiration of the warning allows part 3 of Art. 180 TK RF. The initiative must come from the worker. At that moment, when he feels that it is more profitable for him to leave earlier, it provides an appropriate application to the personnel service. It prescribes a request for dismissal before the warning expires and the desired date of disposal.

The employer produces dismissal to reduce the specified date, thereby eliminating itself from forced waiting. At the same time, the employee must receive all payments due to him:

salary accrued for the current month;
compensation for dismissal;
compensation for reducing.

Compensation in the reduction is calculated based on the average wage per day multiplied for the remaining days until the "planned" reduction.

How to hand a reduction notice

Most often, the reduction notice is awarded personally to employees under the painting. However, there are also such "frames" that refuse the signature. To avoid dismissal or delaying it will not work. If the refusal of the signature followed the act "about the refusal of the signature". Such an act is drawn up in the presence of several witnesses. And the notification begins from the moment of signing such an act.

It is also worth duplicating the document by mail. The letter should be sent to an employee by registered with the correspondence with the description of investment and a notice of delivery. This method can be elected for those who are on vacation or on a sick leave.

When the notification method is elected, it is worth adding a regulatory time for sending a letter to Russian Post or other postal services. Thus, the warning period can be increased at least a week.

Reduction is the most difficult procedure. To avoid conflict situations, it is important to comply with the entire procedure, from the very beginning to the end. This will help not only "in good" parting with members of the team, but also to avoid issues from supervisory authorities.

A reduction notice is a document that is awarded to the employee personally under the painting 2 months before his dismissal. In addition, vacant positions that currently exist in the organization should be indicated. Otherwise, the former employee of the organization may apply for the protection of interest in the judiciary.

Order

Registration

Notice of reducing employee. Sample

This document will be confirmed by the fact that the employee knew about the upcoming dismissal and it was not surprising for him. It is drawn up as follows:

To whom ____________ FULL NAME

Position

Company name

Employee Reduction Notice (sample)

Dear ______________ (Name of Citizen)!

Due to the reduction in the number of employees, on the basis of paragraph 2 of Part 1 of Article 81 of the Code of Labor, we notify you that the position of ___________ will be deleted from the standard schedule with _______ (date), on the basis of Order No. _______.

In accordance with Part 3 of Art. 81 TC, we offer the following vacancies:

______________________.

Date ____________ Specialist in personnel ___________

With a notification of reduction acquainted ____________ (signature and date)

From the proposed posts refuse ____________.

What is required

Timing

It should also be noted that a citizen can be dismissed before, without waiting for the expiration of two months from the moment of notice. At the same time, the head of the organization should pay him a remuneration for vacation on the end day of official activities if it has not been used, and the day off.

Compilation

A state reduction notification is the document, the standard form of which is not provided for by labor law. However, when it is drawn up, it is necessary to follow the following rules:

It must be decorated on the Blanc of the Organization;

Specify vacancies that are currently available at the enterprise, indicating the salary;

There must be a place to sign an employee, as well as for his boss.

In addition, the head of the Organization may complement this document and other items. State Reduction Notice Signs a personnel specialist, as well as the head of the enterprise. It is advisable to include in this document on the consent of the person to take offered positions or refuse them. It should also be traced that the employee will put its signature on it and its decryption, as well as the exact date of receipt.

Employment Service

Such norms of the law are mandatory for all managers, and their gross violation can lead to very sad consequences and trials. Therefore, the notification of the employment center on the reduction of employees of the company must be made in the deadlines specified by law.

Alert

Since there is no standard form of such a document. You can use our sample. The state reduction notice for the employment center is filled so:

___________________ (FIO of the service leader)

___________________ (organ name)

___________________ (address)

Dear _________________ (name and patronymic)!

Director of the enterprise __________________ (initials and signature)

Telephone for communication _____________

Also, the head has the right to indicate the experience of the work of these citizens and their wages, although this is not mandatory conditions, because after registration with these bodies, former employees will have to submit all documents for subsequent employment and wage certificate.

Cancellation

Improving the economic condition of the organization;

Edition of the disposal of an unauthorized person.

At the same time, their positions are preserved for citizens, and notifications about the upcoming reduction are considered insignificant.

Finding on sick leave

If a person has disability

Certain date

Employee law

As a rule, workers who believe that there is not a large amount of funds in the reduction in reducing, they turn to the judicial authorities for the protection of interests. Some managers illegally hold vacation, although in this case it is prohibited. Because the employee is not dismissed on his own initiative, and labor relations are dissolved with him.

In addition, many employees after the reduction cannot receive a benefit from the employer for the third month, even though they submitted a certificate from the employment service with confirmation of what was registered under the deadline since the cessation of official relations with the enterprise.

Reducing the number or staff of employees of the company is one of the grounds for termination of the employment contract on the initiative of the employer. Before proceeding with the procedure itself, it should be clarified, this will reduce the number or still state (). IN labor legislation official clarification There are no these concepts. In our opinion, the main difference is as follows. With a reduction in the number decreases the number of regular units for a specific position, although the position itself is not abolished. But when a state reduction from the staffing, a certain position is completely eliminated.

The algorithm for the dismissal of the employee, both with a reduction in the number and in the reduction of employees, general - we will analyze it step by step.

Step 1. Send an order to reduce the number or staff

Having decided to reduce the number or staff, the head of the organization should issue a corresponding order. The special form of the order is not provided by law. The main thing is to reflect the cause and date of the upcoming reduction, as well as note the reduced positions. The new staff schedule should be approved by the same or separate order.

Step 2. To take into account the preemptive right to leaving at work

The preemptive right to leaving at work while reducing the number or staff of employees is provided to those employees whose performance indicators and qualifications are higher than that of the others ().

With equal productivity and qualifications, preference is given:

family workers - if they have two or more dependents;
persons whose family has no other employees with independent earnings;
employees who received labor injury or occupational disease in this organization;
disabled Great Patriotic War and disabled hostilities for the defense of the Fatherland;
employees raising their qualifications in the direction of the employer without separation from work.

In addition, pregnant employees, women who have children under three years old, who have children under the age of three, are not dismissed to reduce the state of pregnant employees, who have a child under 14 years old ().

Step 3. Notify an employee about the reduction

About the upcoming dismissal due to the reduction in the number or staff of the employee, it is necessary to prevent personally and under the painting at least two months before dismissal (). From this rule there are several exceptions - so, the employee who has concluded labor contract For up to two months, the dismissal need to be prevented by at least three calendar days, and employed in seasonal work - not less than seven calendar days (,). Also, the employment contract may be terminated until the expiration of the prevention of dismissal - with the written consent of the employee ().

If the employee refuses to raise the receipt of the notification, it is necessary to compile an appropriate act in the presence of at least two witnesses - this document will be a confirmation of the notification of the employee about the dismissal.

Step 4. Suggest the employee vacant positions

Fiting to the reduction of the employee must offer the vacant positions available to the employer to which it can be translated (). You can list them both in the reduction notice and in a separate document.

Notify employee about vacancies need repeatedly - the personnel department is obliged to offer every suitable vacant positionwhich appears in the company until the last day of work.

At the same time, the vacancy should not necessarily provide for the work corresponding to the qualifications of the employee, is allowed to offer a vacant subsequent position or the lower job (). Moreover, the employer has the right to offer a dismissal employee temporarily to take the position of an employee who is on child care leave ().

If he agrees to one of the proposed vacancies, it is transferred to another position (,). Dismissal in this case is not performed.

Step 5. Notify the upcoming contraction of the trade union and employment service

In writing no later than two months before dismissal, the employer must report on the reduction of the number or staff of the trade union, as well as the employment service (paragraph 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1). If the decision to reduce can lead to mass dismissalMake it need no later than three months.

The notice sent to the trade union is indicated by F. I. O. falling under the reduction of employees, as well as their names of their professions, posts or specialties.

The employment service should indicate the position, profession, specialty and qualification requirements for each of the reduced workers and the terms of payment of their labor.

Each notification should be attached:

a copy of the order of reducing the number of employees of the organization;
project of the order about the dismissal of employees of the organization;
the draft staffing of the organization.

Step 6. Send an order for dismissal (form No. T-8 or T-8A)

If the employee did not agree on any of the proposed vacancies, on the last day of his work, the personnel department issues an order to terminate the employment contract (or). The formulation of the cause of dismissal may be as follows: "Reduction of the number of employees of the organization,".

With this order of the employee, you need to read the painting on the day of dismissal ().

Step 7. Place a certificate of the amount of earnings for two calendar years preceding dismissal

TO last Day The work of the employee of the accounting should issue a certificate of the amount of his earnings for two calendar years preceding dismissal. Appropriate approved.

Step 8. Decor a document containing the information that was sent to the FIU for the period of the employee

On the last day of the work of Accounting, also to issue a document to the employee, which contains information aimed at the FIU for the period of the employee's work (paragraph 2-2.3 of Art. 11 Federal Law dated April 1, 1996 No. 27-FZ "").

Special forms for transferring such information to the employee are not provided, therefore, it is necessary to navigate on forms approved by the FIU to submit relevant information to the Office. For example, the form of the SZV-M (), section 6 of the form of RSV-1 of the PFR (), etc.

Step 9. Make an entry into a personal card (form No. T-2)

Before dismissing the employee, the relevant record is made by the frame department in his personal card ().

In the "foundation of the termination of the employment contract (dismissal)" you need to register the reason for the dismissal: "Reduced the number of employees of the organization,".

In the "Detach Date" line - specify the last day of work.

Then details of the order should be made on the termination of the employment contract - its date and number.

After that, the employee and employee of the personnel department assure information about dismissal by their signatures.

Step 10. Make a note - calculation of the termination of the employment contract (contract) with an employee (form No. T-61)

On the last day of work, the personnel department together with the accounting department fill a note on the termination of the employment contract with the employee (). On the front side, employee of the personnel department indicates general About the employee, as well as information on the dismissal and the fact of termination of the employment contract. And on the back of the side accountant calculates the amount passed employee Payments.

Meet an employee with a note-calculation, the employer is not obliged.

Step 11. Clean the calculation with the employee

On the last day of work, the accountant must issue a salary employee for spent time, compensation for unused vacationIf she relies him, and make other payments (,). An employee should also be paid output allowance in the amount of average monthly earnings (). In addition, the employee retains the average monthly earnings for the period of employment, but not over two months from the date of dismissal. And if the employee is dismissed from the organization located in one of the areas of the Far North, is not over three months ().

If the employment contract is terminated by agreement with the employee before the expiration of the warning of dismissal, it is paid additional compensation In the amount of average earnings calculated in proportion to the time remaining before the expiration of the specified period ().

In the event that the employee did not work on the day of dismissal, the corresponding amounts should be paid to him no later than the next day after presenting it to the calculation claim.

Step 12. Make an entry into the workbook and issue it

Labor book is also issued an employee on the last day of his work ().

Step 13. Prepare and issue an employee at his request certified copies of other documents related to work

According to a written statement of the employee, the employer is obliged to give him a properly certified copy of documents related to work (). For example, copies of the order of employment, orders for translations to another work, extracts from labor book, wage certificates - income certificate individual ON and certificate of average earnings over the past three months, which is necessary for obtaining, etc. ().

Ekaterina Dobrikov ,
Portal Expert Editor

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