The conditions for dismissal to reduce states. Dismissal to reduce states: step-by-step instructions, compensation, payments and benefits to employees. Sample notification of vacant positions

If the question arose about the reduction, the employer at least two months before the planned dismissal is obliged to send a corresponding notice to employees.

However, many already at the stage of talking about the fact that changes are coming in the firm, they begin to look for a new job. And find.

But it often happens that the vacancy suggests, the decision to take a job is accepted, but the employer already requires to start performing official duties.

Output one - to leave the old work as soon as possible.

Rather, dismiss - the word is still not exactly what is not to be confused with a simple dismissal by own willing. Therefore, it is better to use the term "early termination of the employment contract".

It can be associated with considerable difficulties. Yes, on the one hand there is federal law No. 197-FZ. On the other hand, the employer's consent does not wait for the same two months - exactly what voluntary consent, but no duty. And here is the most important thing - for both sides! - Do not break a spear.

Benefits and guarantees

First, the reduction does not always mean the loss of work at all. If the company's management decided to reorganize, two departments, let's say, merge into one or one position or another no longer needed, then other options are proposed to the reduced optional optional. If this is simply no, then everything is possible.

Secondly, by itself, money:

• payment of the entire spent time;
• compensation for unused vacations;
• output benefit;
• additional benefit - in accordance with those working days, which remain before the reduction;
• middle earnings for the two months that the employee rose to the labor exchange - until it finds the work.

How to quit?

Actually, the process of dismissal to reduce states early on the initiative of the employee will look as in the standard case:

• the head of the company issues an order to start the reduction of full-time units, sends it to the personnel service;
• personnelists are engaged in compiling lists of applicants for a reduction (Art. 179 TC);
• those who are "lucky" to get into these lists receive a reduction notice - this should happen no later than two months before dismissal;
• if there are those who do not agree to sign a notice (and they have the right to this), then this does not change the essence of the case, but nevertheless, the corresponding act must be compiled. Later, this paper will enter the employee's personal matter;
• a citizen who wants to quit earlier, writes a statement on the appropriate form and submits it to the office, where it must be registered;
• the head of the company makes a decision and imposes a resolution;
• an order is published;
• the employee is calculated on the day of its care, record in the employment record.

Submission of applications

For early dismissal When reducing the state at the initiative of the employee, as with any other care for your own accord, we have to write an application. Only do it right.

Many citizens do not know what it will differ in a specific one case - and the leaders are understandable, are not interested in suggesting - and they write the usual petition.

And it turns out the standard standard, that is, the usual one's own desire is nor any benefits nor additional payments, and when an unlucky citizen is unwritten, it turns out to be late.

So, in our case, paper must contain:

Order

If the head of the company does not object to the early reducing of the employee before the expiration of the warning period, he publishes the appropriate order. The document is made on the first person and contains:

• full name of the company;
• requirement to dismiss (for example, Ivanova Ivan Petrovich, the senior manager of the department for working with legal entities) on his own initiative;
• date of dismissal;
• calculation requirement addressed to accounting;
• date, signature, firm printing.

The order for dismissal when reducing the state without working out two months is presented to a personal signature, and then registered in the journal of orders.

Truth, It is better to progress - to avoid misunderstandings. To do this, the employer and outgoing frame must be drawn up by the appropriate agreement - in two copies, one side by one side. In it, it is necessary to write to what exactly this citizen claims to pretend and how and when he receives them.

Now the outgoing worker can safely go to the accounting department and receive all the money put on him without fear that he would be punished with his own desire.

How should you record in the employment record?

IN labor book Citizen is made by the corresponding note under the date that was listed in the order of dismissal.

Does the employer have the right to disagree early abbreviation At the initiative of the employee?

What if the employer does not want to leave all the guarantees of the employee and let go without work when reducing the state?

Unfortunately, the law in this case on the side of the employer - he can agree to such a step, and maybe disagree. Nevertheless, no one can ever keep a person who wished to leave the firm at his own request (Art. 77 of the TC).

And it turns out that the output is two: not resist the failure of the boss and to work out the time put to the appointed dismissal, or write a statement about care with reference to the notorious seventy seventh article. What, understandable thing means Automatic deprivation of all additional benefits and payments- In addition to salaries and compensation for vacation, of course. This statement boss will write even with joy.

Worse in this case, not even the fact of refusal, but another moment. It is clear that no entrepreneur is not interested in falling on the money of the personnel with which it breaks.

That's why it is better to inform the specialists in advance how you're better to make your early breaking of the employment contract.And then go notify the boss - first orally.

With the bosses generally need to have good attitude and this moment highly good things illustration. Because if the merchant is not interested in dismissing you as under the standard reduction procedure, then everything can go to move so that you wrote a statement "on your own" - misleading, direct failure, and even intimidation.

But even in this case, you should not succumb. Theoretically you can then explain to the court that you were forced to write a statement on your own request. In practice, prove it does not manage to almost never.

If the boss agreed to dismiss, but does not give out of money - it is necessary to defend its rights. To do this, you can contact the labor inspection, the prosecutor's office or court. In the latter case, it is necessary to enlist the support of an experienced lawyer - it will help to avoid "pitfalls" and other difficulties that are invisible to the alley.

The claim is submitted to the District Court of General Jurisdiction In the number of copies, based on the number of participants in the process and necessarily contains:

• the full name of the judicial area;
• date and place of drawing up;
• essence of the problem;
• reasons that prompted to quit early;
• what is confirmed that the failure of the boss is precisely wrong with;
• references to legislation;
• the requirement that the applicant wants from the court;
• list of accompanying papers;
• signatures.

If a citizen convince the court that his rights were violated, the former bosses would have to pay the employee not only the money laid during dismissal, but also compensate for the moral and (or) material damage, legal costs.

So it turns out that the main thing in dismissal to reduce ahead of schedule on the initiative of the employee - not to hurry. Especially when applying. And, of course, it will be better for both sides if they respect the rights and needs of each other and will solve everything in kind. This will avoid complaints and disassembly in court, and unnecessary temporary, financial, and most importantly - nervous costs.

Reducing production in many industries is the normal consequence of the global economic crisis. As a result, the owners of factories and enterprises are forced to significantly reduce staff. The dismissal procedure of workers should be carried out in all rules. The employer does everything so that after this personnel can get ready for the appropriate position.

Step one

Reducing employees must be confirmed documented. The employer publishes an order in which the total number of dismissal is described. The new schedule of specialists is approved, according to which the organization or enterprise is in the future. This indicates the total number of employees after the reduction procedure, as well as the date of the introduction of a new schedule. The company may reduce the number of employees of all categories or individual specialties. It can only be performed during the restructuring of the organization. In most cases, only 15-20% of employees are dismissed from the number of common state.

The employer is obliged to communicate in advance to the employment service about the upcoming reduction of employees. If there is a massive dismissal of personnel, send a conscious letter is worth not later than three months before the procedure. For 90 calendar days, it is necessary to notify the employment service if more than 50 employees are planned for one month or more than 200 workers in three months. Mass reduction is in the elimination of an enterprise or organization. Depending on the territorial and economic features of a particular region, other factors of numerous dismissal may also be established. Any deviations from generally accepted norms are approved by local self-government bodies.

Step two

After the decision to reduce the staff of employees is finally and irrevocably, it is necessary to choose specialists who will be dismissal. At the same time, it is necessary to comply with the rule of advantages to leaving the workplace. Some employees cannot be dismissed for a number of reasons. According to the Labor Code of the Russian Federation, the abbreviation cannot concern women in maternity leave, employees who have children under three years old, single mothers driving a minor child, as well as other persons who care about the disabled person or minor.

The in describes who can be provided preferential right to leaving the workplace. Dismissal to reduce last time concerns employees with extensive experience and high qualifications. High performance must be confirmed documented. The employer cannot decide on the basis of his own preferences. On the qualifications of a specialist may indicate such factors as the presence of higher vocational education, a large number of Passed certification. Persons having or titled are dismissed last.

If all employees of the enterprise have equal conditions, preference is given to employees who have more than one minor child. There may be a reduction in employees who have previously received injury or injury at the enterprise. Also do not dismiss participants in the Second World War or other hostilities.

The advantage can also be provided to persons who are authors of any inventions. In state organizations and military units, preference is given to spouses of military personnel. Dismissal to reduce concerns them last. Citizens dismissed with military service And entered to work, they can not be deprived of their first position. They are also provided with the preferential right to leaving the workplace.

The specific organization can also describe other categories of specialists who may have an advantage at dismissal. The main ones are described in the TC RF. The reduction should be carried out in accordance with all the rules and legislative norms.

Step Third

The employer must notify each employee who is subjected to a reduction in writing. All nuances are described in part 2 each comes a written dismissal to reduce the employee. Also, the boss may report personally on receipt. It is necessary to do this no later than 2 months before the date of the upcoming dismissal. This allows an employee to find another worthy place of work.

Often there are cases when employees refuse to put their signature under the order of reducing. In this case, the procedure is slightly complicated. The employer has to send an email notification to the home address. In parallel, a special act about the refusal of the employee to get acquainted with the order of dismissal. If the employee later appeals to the court with the requirement to understand the grounds of dismissal, the employer will be able to imagine all the necessary documents without any problems. The procedure for reducing the employee will be observed true.

Step fourth

According to labor Code RF as an employee's reduction, the employer must invite the translation to another job in writing. Employment measures will help people who fall under the reduction, again settle on the appropriate position in another organization. Such measures are only auxiliary. The employee has the right to refuse the proposed vacancy and find another independently. In some cases, an internal translation is possible. That is, in one enterprise, the specialist is reduced from one position and comes to another. At the same time, a new schedule must be drawn up, as well as approved job descriptions. They are described in a new workplace, as well as the nuances of remuneration.

First of all, the specialist can be offered a position that corresponds to his qualifications. If these are not, a vacant place for the subordinate position can be offered. It should be borne in mind that the payment of labor in this case will be somewhat lower. We can offer jobs that correspond to the qualifications of a specialist, as well as its health condition.

In the event that the employee agrees to the proposed vacancy, as soon as possible Disposable translation. The refusal to be drawn up documented. A special act is drawn up, on which the signature of the employee who has fallen under the reduction is required. If the employer cannot offer an employee's qualifications position, an act on the impossibility of transfer to another position is also drawn up.

It should be borne in mind that the reduction of employees is only possible when they cannot be translated into a similar position in another department. Failure to comply with this requirement is a serious violation of the Labor Code and involves the responsibility of the employer. To protect yourself from legal proceedings, the head of the organization or enterprise is worth getting a written refusal of an employee who is reduced to translating to another position.

Pitch fifth

The procedure for reducing the employee who is a member of the trade union is somewhat more complicated. In accordance with the Labor Code of the Russian Federation, the employer must send a copy of the document to the trade union organization, which is the basis for the upcoming reduction. Additionally, a draft order of dismissal can be sent. This procedure is performed a month after notifying an employee about dismissal with a partial reduction and in two months with a massive reduction. The trade union authority can consider this issue no more than seven working days. Next is sent a written response with recommendations.

Often there are cases when the trade union does not agree with the decision of the employer to reduce a specific employee. In this case, within three days after a written response, the parties must meet and discuss the details. The results of such a meeting are made in writing, and all nuances of the negotiations are recorded in the Protocol. For ten days after the negotiations, the employer already takes the final decision. The procedure for reducing the employee will continue to all the rules. The employer's solution may be appealed to the State Labor Inspection. If the complaint is received, the issue is considered within 10 working days. If the reduction procedure was performed illegally, the employee may be restored to his position.

If an employment contract is terminated with an employee who has not yet achieved age 18, in addition to the trade union organization, the employer is obliged to notify the juvenile rights inspection. Only after receiving the consent from this organization, the employee can be reduced.

Step Six

With the written consent of the employee, the employer has the right ahead of time Distribute the employment contract with him. At the same time additionally paid a manual with a reduction that meets the size wages For the remaining working days. Compensation is calculated in accordance with job description specific employee, as well as the number of working hours before the date of dismissal. The dismissal procedure is previously carried out in accordance with the 3rd part of Article 180 of the Labor Code of the Russian Federation.

The employer creates an order to terminate the employment contract. Be sure to be followed by the employee's rights in reducing. The dismissal of workers during the period of their temporary disability or being paid for vacation is not allowed. An exception can only be the complete liquidation of the enterprise. In this case mass abbreviation It happens without notifying trade union organizations.

Each employee must be familiar with the order of reducing no later than three working days from the date of his publication. The employee puts his signature in the relevant protocol. This confirms that he was informed about the dismissal. The reduction order is necessarily registered in the journal about orders.

Step seventh

The employer is obliged to pay employees to a manual while reducing. The calculation is made in accordance with additionally compensation for all unused days vacation. If the employment contract is terminated due to the liquidation of the enterprise or organization, the employee is paid, which is equal to the average monthly wage. In addition, an employee remains average monthly earnings for the period of employment, subject to treatment for help in the employment service. At the same time, payments can go no more than two months from the date of official dismissal.

In the workshop, a specialist necessarily an entry on the interruption of the employment contract. It is indicated by the reason why a person was dismissed from the organization. Employees who have fallen under reduction have much more advantages. They manage to find a highly paid job much faster than what they quit from the previous place at their own request. All entries in the labor book are entered in accordance with the rules of conducting and storing corporate documentation No. 255. Calculation of a specialist, as well as the issuance of a workbook directly on the day of dismissal. If at this time there is no worker on site, the calculation is made on demand. As soon as a person comes to the organization, which was dismissed to reduce, he may make a requirement for the calculation in writing. Employee reduction allowance is paid no later than the next business day.

State Reduction Report

When reducing an employee, the employer is obliged to notify the employment service that the dismissal procedure was performed. It is necessary to do this within 10 days after the termination of the employment contract. For the late submission of the report on the dismissals, the head of the enterprise or organization is threatened with penalties. We will have to pay the state a serious compensation that equals the annual wage of the released employee, information about which was not received in the employment service. Penalties can be superimposed on private entrepreneurs ( individuals) and on the organization ( legal entities).

Often, the employer records an employee's workbook wrong. It is done deliberately not to make unnecessary documentation. The fact is that the dismissal "in coordination of the parties" does not require additional notification of the employment service. At the same time, a dismissed employee receives absolutely the same rights as in the reduction.

The employer must not only submit a report on the reduction in a timely manner, but also to fill it correctly. The document necessarily indicates the passport details of such an employee, the name of his position, the profession code in accordance with the Labor Code, the qualification level of the employee, it may additionally be the formation of a specialist. If it has disability, a group is necessarily negotiated. All of these data will help employees of employment service faster to choose a suitable position to a fired man.

The report must be compiled by an employee who takes guideline, or his deputy. The document is wetted by wet seal and signature.

What to do an employee while reducing?

Reducing employees during the economic crisis is a normal procedure to which everyone should be ready. It is easy to understand that the employee may simply be dismissal. It is worth only to imagine whether the production will suffer if a person quit at his own request. If not, it means that the employer can easily reduce it at the first need. First of all, dismissed those who work informally. Therefore, everyone should strive for employment in accordance with all the rules of the Labor Code of the Russian Federation.

Often, workers face a proposal to write on their own request. Such a statement cannot be written in any way. Benefits for the employer may be a huge amount. There is no need to pay the output allowance and fill in many documents. The dismissal of staff reduction officer is a long and time-consuming procedure. But the employee termination of the contract for his own will cannot be beneficial. Not only does the weekend can not be obtained, it will also begin payments from the employment service only three months after registration.

The notification of an employee about the reduction is always in advance (no later than two months before the upcoming date of dismissal). During this time, everyone has the opportunity to find a worthy place of work. In addition, the employer itself is obliged to offer workplace In another department, if it is vacant. Valuable specialists are always in price. Therefore, it is necessary to fulfill its work on conscience to always be on a good position.

Let's summarize

A staff reduction can occur without incident, if the employer will perform it in accordance with the rules of the Labor Code of the Russian Federation. You should not despair if I had to sign the order of dismissal. High qualifications and experience are of great importance. Good worker Can always find the desired vacancy. And specialists of the employment service are always welcome to the rescue.

Sometimes the reason for the dismissal of one or several employees of the enterprise becomes not the solution of the employer or the employee itself, but an objective necessity. The situation may be associated with the transition to a new (automated) level of production or with the fact that the organization no longer needs the same employees. In such cases, there is a reduction in the number or staff of employees.

For the employer, this becomes a legal tool that allows you to optimize the composition of the staff and the structure of the staffing schedule. However, the use of such a reception is associated with a large number of nuances and requires compliance with many rules.

Basic concepts and terms

In order to understand the subtleties of the topic and understand who, as under any circumstances, may be dismissed if the staff is reduced, the main concepts should be declared:

1. The number of employees call the number of all employees of the enterprise, in other words, is a list of composition. If we are talking about to dismiss several representatives of one profession that perform similar functions, with the preservation of the post in a staffing schedule, then this is a reduction in the number of employees. An example is the dismissal of three architects out of five.
2. The staff of employees is absolutely all positions presented in the company (guidelines, administrative, workers and others). Their list is regular scheduleIn accordance with which the structure of the personnel of the organization is being formed.
3. The reduction in the number of state is necessary in order to exclude from the list of positions, duplicate each other, or those that can be combined into one regular unit. This concept also includes measures aimed at eliminating any division.

This means that the state reduction is accompanied by not just a decrease in the number of employees with the same duties, but and the dismissal of all employees who perform specific labor functions. Returning to the example above, all five architects will be dismissed while reducing the state. Perhaps the company is more profitable not to contain these employees in the state, but to hire them from time to time to perform a separate task (outsourcing).

Legislation on dismissal due to staff reduction

Legal aspects accompanying a gap labor relationship Due to the change in the structure of the standard schedule, regulates the Labor Code of the Russian Federation. Reducing the staff of employees (due to the elimination of the organization or the change of its owner) reviewed in Article 81. There are also other common situations related to the termination of contracts with employees at the initiative of the employer.

Among other cases, this article provides for the procedure for dismissing employees:

Who can be reduced

The decision on which the reduction in the number or staff of employees depends, takes the employer, but at the same time it must take into account the rights of employees who use certain benefits.

When considering the candidates of employees to be dismissed, the head must observe the rule set out in Art. 179 TC. It states that the state reduction should occur at the expense of the least qualified personnel, which has the lowest performance indicators. The practical implementation of this rule is often associated with an assessment of the experience and experience of workers. It is assumed that those of them who worked at the enterprise recently represent the smallest value for the collective.

To assess the importance of the employee great importance It also has the result of the qualifying exam, its education and the level of indicators for the previous period. This means that when comparing two employees who occupy the same position, preference will be given to the one who has higher education. His colleagues who received the secondary special, probably fall under the reduction.

Personnel categories who do not concern dismissal due to staff reduction

The reduction of employees does not affect the following categories:

• Parents of children with the status of a disabled.
• Mothers and fathers raising children on their own (single).
• Parents of large families before that time younger child Will not be 14 years old.
• Citizens who are the only breadwinners of their families.
• Employees who have received a professional injury or caused disease due to their work activities in this company.
• Disabled victims as a result of wars Chernobyl catastrophe or Semipalatian tests.
• Firm staff with awards (Hero of the USSR, Cavalier of the Order of Glory) or the title of the inventor.
• Workers who combine the fulfillment of their employment learning.

Dismissal to reduce states does not affect those workers who are members of the trade union or are elected representatives of the working team and take part in negotiations with the management of the company.

Employees of the enterprise that are on sick leave, in ordinary or maternity leave, cannot be dismissed. True, it can be carried out with their written consent or with complete liquidation of the company.

How to reduce pensioners and partners

The Labor Code of the Russian Federation (Art. 3) contains a ban on the manifestation of the employer discrimination by age. Most often, this concerns workers who have reached the retirement age and continuing their fulfillment official duties. If necessary, they will also affect the reduction of the state, but the use of their social status as a basis for dismissal is illegal.

Taking into account the experience and qualifications of pensioners, they, on the contrary, fall under the definition of employees with preferential rights. Based on the fact that they can be among the most useful employees of the enterprise, they are reduced by the last.

Planning the dismissal of an employee who combines two posts, the employer produces almost all standard actions. The difference is only that the law does not establish whether it should charge payments to such an employee.

In fact, the benefit with the reduction of states is necessary for those who lose the source of income. However, remaining in the company, the part-time continues to receive wages. Here, the decision on payments and their size remains for the employer.

Why employers resort to reduction

The state allows the leaders of enterprises to independently decide on the need to reduce the state or number of personnel. However, in the event of controversial situations, the economic validity of these measures may be tested by judicial authorities.

This condition imposes on the employer the obligation to inform his subordinates about why the staff of employees is being reduced. These information is set out in the appropriate order and may be related to the following factors:

• Low profitability. The lack of profit does not allow the leadership to pay for the proper level the work of the former number of employees. With a decrease in labor costs, the organization can save some funds to repay the debts or the purchase of a new batch of materials.
• The inefficient structure of the state. If there are those who duplicate each other or do not represent values \u200b\u200bfor economic activity, their elimination will be justified.
• The introduction of new technologies or equipment. When production becomes more automated and does not require the participation of the former number of employees, the staff reduction can significantly reduce the cost of costs and increase profitability indicators.

What rules must follow the employer, reducing staff

The procedure for compulsory dismissal can significantly affect the welfare of those employees who fall under the reduction. Not always they have the opportunity to find a workplace with the same conditions as in this enterprise. For this reason, the state dictates certain conditions to managers, the observance of which to a certain extent protects the interests of dismissed workers:

In the event that the management of the company "forgets" to inform the employment service about its intentions, except for fines, the Court can oblige them to pay wages to employees for forced absenteeism.

How does state reduction going on: step by step instruction

Any company's head or organization, planning and conducting measures to reduce the state, should know and comply with all legislative standards and requirements. Ignoring or unsighted violation of one or more rules may entail quite serious consequences: a fine or trial.

Based on this, the employer is interested in implementing a phased reduction in states (TC RF sets a list necessary documents and procedures):

In the event that the employee does not agree to the translation and continuation of cooperation with the company, the latter on the list of necessary documents is the order of his dismissal. The unified form T-8 is recognized for this document.

How the state reduction dismissal is completed: compensation for vacation, day off

The dismissal of the employee, in time of informed and refusal from the proposed vacancies, is held simultaneously with the payment of all necessary funds.

Together with the employment book, the former employee is issued:

• Salary accrued for the last spent period.
• Compensation payments for unused vacation (if any).
• Special payments for reducing state (output benefit). Their size is often equal to the average wage, but maybe more, if it is indicated in the collective agreement.

The company continues to pay the employee for a long time in the reduction of states if it is listed on the labor marketability, but cannot work. Its size is set at the level of average salary, but this amount is not taken into account that has already been issued.

In the case when the employee wants to quit before the term that is scheduled to the employer, he must pay the money accrued for the underdevelopment. That is, in fact, in any case, it will pay a two-month period between the announcement of the reduction and the date on which this procedure is scheduled.

Payments to individual personnel categories

The procedure for the reduction of some workers is slightly different about the one that was set out above. This is due to the non-standard nature of their labor functions or with special circumstances:

1. For those employees whose duties are considered to be seasonal, payments in the reduction of state account for an amount equal to the average salary in two weeks.
2. Employees of organizations located in the Last North are charged a one-time existence and average wages for three months (if they are not employed before).

What will be indicated in the employment record

According to Art. 81 TC Reduction of the state is indicated as a basis for termination of an employment contract in an employee's employment record. It is issued on the day of dismissal together with the accrued sums of money. When obtaining them former worker Enterprises samples in several documents (personal card, booking book of labor books, insert).

The assurance of the record that the employment contract is broken, the signature of the personnel department becomes the signature of the personnel department (which leads workbooks) and the most dismissed employee, as well as the seal of the head.

What should be the behavior of the employee in reducing

When a person receives a notice that it is planned to be planned, he should take the following actions:

1. Help the list of persons who are not allowed to dismiss and find out if he is in this category. In the case when it will be detected by any factor that gives the right to privileges or benefits, this should be stated in the letter and transfer to the manager. Optimal option It is considered to draw up a letter in two copies. One of them gives the leadership to put a mark on receiving on the second. This will be useful proof in favor of the employee if it comes to court.
2. Prelate requirements relating to an alternative place of work at this enterprise. The employee does not necessarily agree on the proposal, but the employer's written refusal in providing vacancies can also be a basis for the abolition of a decision on the reduction.
3. For additional payments, you need to register with the employment service during a period of no more than two weeks after the state has been reducing. TK RF indicates this period. Then the employee receives the right to a two-month allowance (average wage) if he cannot find a new job.

Most important aspect It concludes that the employee should not write a statement of care after it becomes aware of the upcoming reduction.

Also, it is not necessary to give in to the head of the head and compromise, because the dismissal of the parties does not provide for the payment of the day off.

Professions in the risk area

Considering the complex economic situation, the abbreviations can touch broad Circle Companies and organizations. Doctors and teachers may not be afraid for their places, but many firms still subjected to reorganization.

Among the employees of budget enterprises may be limited to financing the following professions:

• Employees involved in telecommunications.
• Librarians.
• Postal employees.
• Mosgostrance staff.
• Reducing the state of the Ministry of Internal Affairs.

In addition, new jobs will have to look for some employees of state and commercial banks.

Experts argue that against the background of such a disappointing situation and in the absence of wage increase, many highly qualified personnel will dismiss on their own initiative. Without waiting for reduction, they will master new actual professions Or look for applying your talents in other countries.

Absolutely any labor activity in one way or another end with the termination of the employment contract concluded between the employer and the employee. At the same time, termination molds can be the most different - from the honorary resignation due to retirement until dismissal with disgrace and prohibition for further work in a similar area.

Forms of termination of the employment contract are extremely diverse, but special attention Deserves a reduction. Dismissal due to the contraction of the fine is one of the most complex forms of cessation of labor relations containing a plurality of pitfalls for both the employer and an employee. In this article we will reveal the highlights of the reduction and tell about its consequences.

Dismissal in reducing position is one of the types of dismissal on the initiative of the employer. Its essence is as follows: if some department or a separate post is no longer needed by the enterprise, then the management of this position abolishes, and a person, this place that occupied, reduces.

Many such approach to dismissal seems not quite fair, since it gives the opportunity to dismiss a person without any good reason, However, it is completely legitimate. In addition, a person dismissed in the reduction can without any interference to find a new position at a new enterprise.

Also, in favor of the reduction as the most favorable measure for the employee, in the elimination of the post, the state is that the state obliges the employer to provide payments and compensation for everyone who fell under the reduction. The refusal to pay them is illegal and leads to serious consequences.

How is it going?

The reduction procedure is sufficiently regulated by law and depends on a number of factors. However, the abbreviations always begin with the compilation of the order. - This is a document in which the main data on the procedure itself is fixed - the number of places, reduced positions and, most importantly, the date of the abbreviation itself. It is the day prescribed in the order will serve as the main point of the report for notifications and other operations.

After the employer prepares an order to reduce, will need Notify several departments and persons about him. So, it is worth it with the employment authorities. If the standard state reduction is planned, then the notification is sent two months before the date of the order entry into force. If mass dismissal is planned, then notifications are required for three months.

In addition, the notice is also sent employees who fell under reduction. It is referred to the same two months before the date appointed in the order. If such an opportunity is available, then the employer to the notification attachs the list of places to which the employee can translate. We will tell you more about this below. The fact that the worker received a notification and got acquainted with his text, the employee himself must notify the employer in writing.

Also with the reduction and design of the order in obligatory Informed trade union. The notification in it is obligatory in obligatory, even if none of its members affect the order. The deadlines for filing notifications are similar to the delivery time for the employment service - two months with standard reduction and three - with mass.

How is earnings and compensation?

As soon as the layout of the dismissal is signed, the employer must necessarily pay all compensation. Their list is absolutely standard and includes:

• Earnings for spent days, which is calculated using the average daytime earnings;
• Compensation for unused vacation;
• All other premiums and payments, An employee for an employment contract.

However, after an employee receives these payments at once and one amount, he has the right to additional compensationwhich is referred to as a reduction benefit. It is compensation, which the employee will receive over the next two months, the size of which will be equated to the average monthly earnings of the dismissed employee. Such payments are stopped as soon as the dismissed finds a new job Or, as mentioned above, after two months. Pay attention to the fact that the employee for obtaining such payments should be registered with the Labor Exchange.

Who can not deprive posts?

In fact, there is only one category of citizens that the employer cannot dismiss while reducing the position. And these are pregnant women or mom with a child up to three years. No more categories of citizens are not protected from a reduction by 100%.

However, this is if part of the department is reduced, then there are more chances to stay Have:

• Citizens with children;
• Citizens who have in the care of the disabled person;
• Employees who received production injuries at the enterprise;
• Participants of hostilities;
• Employees who independently improving qualifications;
• Fathers and mothers are loners.

If any, there are no places after the distribution, then the remaining positions are distributed in accordance with the work experience and its quality.

Alternatives dismissed

It is worth remembering that the reducing position does not necessarily lead to a complete termination of the employment contract. As a rule, when reducing the post The employer may offer another job to the dismissal employee. As a rule, this is either a new position, which is an alternative to the abbreviated or other workplace with similar employee requirements.

In addition, the employer has the opportunity to offer an employee who has fallen under the reduction moving to work in another branch or position at another enterprise of the same organization. If the employer also offers training, then an employee may appoint an accomplishly new, different from its initial, position.

The last alternative, an affordable employee - on the one hand, such a step may seem very illogical - the employee is deprived of the opportunity to receive payments for the search new work. However, dismissal at one's own accord It will help reduce the time until the employee is removed from office and give him his documents. Therefore, the dismissal at your own request, instead of dismissal to reduce, is used if there is already a reduced employee where it is possible to work.

What to do in the event that labor standards were violated?

It is worth noting one to mark one important moment — dismissal to reduce 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 already dismissed from work to employees and some features of the Labor Code or Agreement.

Most often there are three violations:

• The employer fired a pregnant woman or mother with a small child;
• The employer has retained salary, compensation, premium;
• The employer refused to pay subsequent compensation within two months.

However, absolutely It does not matter what the norms were broken, Since the method of combating injustice is always the same - the appeal to the Labor Inspection - the main supervisory Organwho monitors employers and employees labor norms. Therefore, if you encounter some kind of violation, then it is worth it in this service.

In order to you:

• Fill out the form on the official website;
• Prepare a complaint and submit it personally;
• Write a claim and send it as a letter.

After the labor receives an appeal, an examination will be carried out. If the fact of the violation is really detected, then Inspector will write down the decreeand if the employer does not fulfill the requirements, then using the decision of the Labor Inspectorate you can submit it to the court.

The reduction can be carried out by reducing the number of employees, or the reduction of regular units. This procedure is held to optimize the work of the enterprise. The head has two ways:

1. Remove unnecessary positions from the staffing schedule.
2. Reduce the number of employees holding positions.

The general principle looks like this:

• the head decides;
• the order must be published two months before dismissal if they are massive, the term increases to three months;
• preparing and approved a new staff schedule. Important. To dismiss to reduce without excluding posts from the staffing and approval of its modified edition, it is impossible;
• the employment service is informed about the upcoming event (Part 2 of Art. 25 of Law No. 1032-1 dated 19.04.91);
• priorities are exposed when choosing employees who will stay.

The Labor Code of the Russian Federation has a list of persons who cannot be dismissed to reduce, and individuals who fall under the procedure (Article 279, Article 161).

TK RF, Article 279. Guarantees to the head of the organization in case of termination of an employment contract

In case of termination of an employment contract with the head of the organization in accordance with paragraph 2 of Article 278 of this Code, in the absence of guilty actions (inaction) of the head, it is paid compensation in the amount determined by labor contractBut not lower than a three-time "mid-monthly earnings", with the exception of cases provided for by this Code.

TK RF, Article 161. Development and approval of standard labor standards

For homogeneous works, typical (inter-sectoral, industry, professional and other) labor standards can be developed and installed. Typical norms labor is developed and approved in the manner prescribed by the authorized government Russian Federation federal executive authority.

First of all, the following categories are fired:

• employees - pensioners;
• employees who do not have a lot of experience and experience;
• workers who have bad labor indicators, frequent comments.

• juvenile;
• pregnant;
• women in maternity leave;
• women with children under three years;
• parents - single, who have a chance of a child under 14 years old;
• people having a child are disabled.

Important. It is possible to reduce a decree post only after going to work the main employee (the exception is the complete liquidation of the enterprise) (ST 256 of the Labor Code of the Russian Federation).

After choosing persons who fall under reduction, they must be notified in writing in writing.

• the possibility of replacing alternative posts. When the company has free positions, the boss must offer them to dismissal persons;
• order of the termination of the employment contract, its registration. Important. The employer cannot dismiss the employee during the holidays or the hospital (Article 81 of the Labor Code of the Russian Federation);
• final settlement of employees.

On the day of dismissal, employees are paid settlement, all compensation provided by law.

The workbook is issued with the appropriate record and other references at the request of the dismissed.

reference. When people face a reduction, you should not immediately dismiss and rushing in search of a new job. When dismissal, in this way, the employee is made sufficiently solid payments.

Therefore, it is worth waiting for this moment, and only then look for a new place.

Employer Responsibilities for Employee Reduction

Just to dismiss employees the head is not right. All norms and requirements of the TC RF must be met. So, what is obliged to provide an employer while reducing?

Employment

If the company does not complete its existence, the employee is obliged to offer any other vacant position.

When dismissing to reduce states, the employer is obliged within two months in the event of a vacancy vacancies appearedabout this abbreviated employee.

Final calculation

In case of reduction, the employer is obliged on the day of dismissal issue all due to payments(Art. 140 Tk RF):

• full calculation when dismissal (including compensation for unused vacation);
• the output allowance (size is average monthly earnings);
• the person receives an average salary within two months after dismissal, and when applying for employment service is three months (exception is employment during this period);
• issuing put documents.

TK RF, Article 140. Terms of calculation when dismissal

Upon termination of the employment contract, paying all the amounts due to the employee from the employer is made on the dismissal day of the employee.

If the employee on the day of dismissal did not work, then the corresponding amounts should be paid no later than next day After presenting a dismissed employee, the calculation claims.

In the case of a dispute about the amounts of amounts due to the employee during the dismissal, the employer is obliged to pay the amount not conjected to the amount specified in this article.

On the day of dismissal when reducing an employee, the employer is obliged give a filled workbook.

Other references on labor activities The organization is obliged to issue on the basis of a written statement.

Responsibility for failure

If the head violated the rights of employees while reducing the number or staff, it will be raised to administrative, disciplinary, and in some cases, and criminal liability (Art. 419 of the Labor Code of the Russian Federation).

TK RF, Article 419. Types of liability for violation labor legislation and other acts containing norms labor law

Persons guilty of violation of labor legislation and other acts containing the norms of labor law are involved in the disciplinary and "material" liability in the manner established by this Code and other federal laws, and also attracted to the "civil-law", "administrative" and "criminal" responsibility in the manner prescribed by federal laws.

All the actions of the head must be reflected in the documentation under the law, and employees are notified under the abnormal reduction.

In the event that such happened, a person may require compliance with his rights in court. The law in these cases is always on the side of employees. The employer wakes must restore a citizen in office, as well as to pay him a missed benefit and moral harm. (Art. 234, 237 of the Labor Code of the Russian Federation).

Tk of the Russian Federation, Article 234. The obligation of the employer to compensate the employee material damage caused by the illegal deprivation of its possibility to work

The employer is obliged to reimburse the employee who has not received earnings in all cases of illegal deprivation of his ability to work. Such a duty, in particular, occurs if the earnings are not obtained as a result:

• unlawful removal of the employee from work, his dismissal or transfer to another job;
• the refusal of the employer from the execution or late execution of the decision to consider labor disputes or the State Legal Inspector of Labor on the restoration of the employee in the former work;
• delays employer issuing an employee of an employment record, introducing incorrect or not relevant to the legislation of the formulation of the cause of the dismissal of the employee.

TK RF, Article 237. Compensation of moral damage caused by the employee

Moral harm caused to employee unlawful actions or inaction of the employer is reimbursed by the employee in cash in the size determined by the Agreement of the Parties to the employment contract.

In the event of a dispute, the fact of causing an employee of moral damage and the amount of its reimbursement is determined by the court regardless of the property damage to be reimbursed.

In addition, an administrative penalty from 30 to 50 thousand rubles for legal entities, up to 5 thousand for individuals and officials, will be superimposed on a negligible employer for legal entities, and if the violation is not performed in the first, it is possible to bring criminal liability (Art. 5.27 of the Administrative Code) .

Delay or failure to pay compensation Also faces the employer a large fine and suspension of the enterprise.

The organization will be obliged to pay employees with a percentage for each day of delay (Art. 236 of the Labor Code of the Russian Federation).

Moreover, the long-term non-payment of wages and other mandatory benefits and compensation (more than two months) provides for criminal liability (Art. 145.1 of the Criminal Code of the Russian Federation).

TK RF, Article 236. Material liability Employer for delay in paying wages and other payments due to employee

In violation by the employer of the established "term", respectively, paying wages, pay for leave, payments for dismissal and (or) other payments due to the employee, the employer is obliged to pay them with interest pay ( monetary compensation) In the amount not lower than one hundred and fiftieth currently active at this time of the key rate of the Central Bank of the Russian Federation from the amounts not paid within each day of the delay starting from the next day after the established period of payment on the day of the actual calculation inclusive.

With incomplete payment in set time Salary and (or) other payments due to the employee, the amount of interest (monetary compensation) is calculated from the amounts actually not paid within.

The amount of monetary compensation paid by the employee can be increased by a collective agreement, local regulatory act or labor contract. The obligation to pay the specified monetary compensation arises regardless of the presence of the guilt of the employer.

Important. If the employee believes that the employer violated his rights, it should be complained to the following instances:

• trade union (if any);
• labor inspection (located in employment services);

Application to court, this is the most extreme measureAs a rule, if disagreements occur with the employer, all disputes are resolved with the involvement of trade unions and the department for protecting the rights of workers.

It is better to comply with all the obligations of the employer while reducing the state of the current legislation. Violation of the rights of employees may threaten serious trouble and cash loss. Arbitrage practice It shows that in such situations, the authorities always take the side of employees.