A sample of the order to reduce the guard in connection. Agreement on early dismissal. Procedure of the administration

The staff reduction is one of the grounds for the dismissal of employees when the employer is the initiator. This process is regulated by paragraph number. 81 of the Labor Code of the Russian Federation. The procedure must comply with labor laws. Among the documentation to be executed in connection with the reduction, it is an order of dismissal, which advocates the direct basis for reflecting the dismissal record in the personnel documentation and the employment record of the exhaust employee. In the article, we will tell about the order of the staff to reduce the state, give a sample of filling.

Distribute with an employee the contract for this basis is possible if the staff or number of personnel is really reduced, which should be documented. In addition, when choosing an employee for dismissal is taken into account preemptive right to maintain in the workplace, according to which persons with more high levels Professionalism and qualifications, as well as employees included in the category of special (for example, women on any gestation).

Features of the compilation of the order

The state reduction dismissal is issued if the following conditions are performed at the same time:

• The employer was carried out necessary procedures By changing the staff composition of the enterprise (the posts are really reduced, the staff schedule changes);
• If there is a union in the organization, a request was made to this authority for obtaining an opinion on the upcoming dismissal;
• The worker is notified in writing about the reduction;
• The employee is offered free jobs, from which he refused for his own considerations (or there are no such places);
• Details of activities to reduce measures are constructed.

Failure to follow the warning time is a violation by the employer and can lead to the restoration of incorrectly abbreviated worker and pay it monetary compensation For a period of forced strolls. To reduce the state or its number, you must notify the following persons:

• Dismissed employee;
• Union, if there is;
• Employment service.

An employee must notify the reduction 2 months before the day of termination labor contract. With a reduction in a seasonal employee, it is necessary to report in a week, and with a reduction in a conscript, a contract with which has a period of 2 and less than a month - for 3 days. The form of notification is written. The employee is warned personally under the painting.

When familiarizing with the contents of this document, employees are offered in the right place to put their signature meaning awareness.

Usually two identical instances of notification are formed, one remains at the employee, the second is returned to the employer with the signature of the reduced. If a massive reduction in state is planned, then a single introductory list is usually compiled, in which all persons who have received a notification document on the reduction are drawn.

If the worker consciously does not want to put his signature, then the employer follows in the presence of a witness to read out the contents of the notification paper out out loud, after which it will be indicated that the worker has heard about his reduction, but it refused to confirm this signature.

The correct reduction procedure includes not only informing the reduced dismissal, but also the employment center, as well as the trade union organ. If the abbreviation is massive, the warning period for organizations is 3 months, when dismissing individual full-time units - 2 months.

Foundation documents for registration of the order of dismissal

The list of base documents is provided in the order in the appropriate line, including these papers may be:

• Order of the standard schedule - a mandatory document compiled in free form, which is issued by the employer at the initial stage of the preparatory activities, contains a list of declined persons, as well as the moment of entry into force of this decision, taking into account the preventive period;
• Personal notice for an employee who is aware of the upcoming reduction;
• The proposal of other work is written in writing if organizations have other suitable for shortened jobs. Offers can be directed throughout the warning period;
• Refusal to be dismissed from proposals, if any;
• The act of refusing to the employee to sign a notice if the latter does not want to produce this action for any reason.

A set of documents should be sufficient to recognize the legality of the dismissal procedure due to the reduction.

Rules of registration of the order

Directly to the preparation of the declaration document on the reduction, you need to start on the last day of the work of the fired. Before that, everything must be withstand deadlinesMade necessary preparatory activitiesincluding:

1. Approval of the order of reduction;
2. Amendments to the existing staff schedule or the formation of a new version;
3. Approval of the order to edit the current staffing, taking into account the reduction or preparation of the new;
4. Obtaining consent from the trade union organ;
5. Direction of notification paper dismissal, employment service.

To compile an order follows after the belief that the necessary processes were carried out, while the required deadlines are followed. For registration, the use of typical order forms is recommended:

• For mass dismissal, as well as while reducing more than one employee - T-8A;
• With a single reduction in individuals - T-8.

No one can prohibit the organization to develop their own order form, but the presence of sufficient details in it should be taken into account.

Sample design of an order

When using the T-8 standard form applied to one employee, you must follow the following recommendations:

If a group of employees is subject to a reduction, it is possible to use the T-8A typical form, where a table form contains a list of those persons that are subject to reduction.

What to do if the employee does not sign an order

Each employee, maritown in the order, is obliged to subscribe. However, it is not always possible. The reason may be the reluctance of the dismissed signed from personal reasons or the impossibility of performing this action due to the absence of an employer at the location. If an employee's signature cannot or does not want, then the record should be recorded at the bottom of the order of the reasons for the absence of a familiarization signature. This is stated in Article 84.1 of the Labor Code of the Russian Federation.

How much is the order of dismissal

This administrative document is among the personnel, for which, according to archival documentation, a shelf life is established in the amount of 75 years. In order for the document to retain its initial view throughout such a long period, it is necessary to provide suitable storage conditions. A special place is allocated, protected from unauthorized persons, moisture, fire and other harmful effects.

As a rule, the storage place is elected in the form of non-burnable safes, reliably closing on locks. Access to the documentation receives only a person responsible for the safety of the documentation in the enterprise.

Basic mistakes in the design of the order of reduction

The order will be executed erroneously if it does not be filled with existing fields. In the line "Foundation" necessarily implicitly prescribed the formulation from the Labor Code of the Russian Federation. At the same time, not only the verbal phrase, but also the number of the item and the article, from which it is taken from. Base documents need to include all papers issued in connection with the reducing employee. Moreover, for each document, its complete details should be given.

Often questions arise about filling the fields "to stop the actions of the employment contract .." and "dismiss ...", which are under the heading of the document. Here you can fill out only one of the proposed lines, for example, to specify the dismissal date and cross the string to indicate the details of the contract. It will not be considered an error if the frame filled both lines.

Many managers of enterprises often faced the fact that they have to reduce full-time positions. At the same time, it is necessary to dismiss employees and execute orders for dismissal to reduce. It is necessary to implement this procedure only according to the established rules.

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When is published?

There is a procedure for the dismissal of workers in connection with the reduction and the first stage is to issue an order to establish a commission.

But this is an optional step, as the decision can be taken by the director of the enterprise alone. After the list of dismissed employees is drawn up, the head publishes the relevant order.

It is important to take into account that the document must be published two months before the direct dismissal of employees.

If there is a massive cut, then notify employees about it for 3 months. But the order about the dismissal of a particular employee is published on his immediate day.

Documents based

The reduction of the state at the enterprise cannot be implemented without an order to reduce the state, and the order of.

All these documents are drawn up according to the established labor legislation rules. Document registration number must be listed in the appropriate registration log.

How to make an order about the dismissal to reduce the state?

The order for dismissal to reduce has a unified form and should be issued according to all the rules.

This document necessarily indicates:

• company name;
• organization code;
• date when the employee will be dismissed;
• personal data of the employee;
• structural unit, profession and employee's position;
• the table number, which was assigned to him;
• the reason for which the employee is fired (staff reduction).

After drawing up the order signs the leader. The employee is obliged to sign a signature that he was in a timely manner with the document.

If he refuses to do this, then the document is set to "sign the order refused" (Art. 84 of the Labor Code of the Russian Federation).

In the absence of an employee in the workplace on the day of dismissal, the document goes home to him by registered mail. After the order is signed, all calculations will carry out with an abbreviated worker.

Sections and form

Most often, employers, making an order for dismissal due to a reduction, use the standard form T-8. It is optional for use, but has a lot of advantages.

If desired, the employer can easily issue an order in free form, naturally, observing all the rules. As for the sections of the order of reduction, then the document must be the so-called "cap", as well as the order unit in which the manager points out its decision.

Regulations

There are a number of nuances that should be taken into account when making an order to reduce the state:

• the document necessarily indicates the number of the order and the date of its creation;
• the order should write to who exactly decided to dismiss the employee;
• in the "Order" block should be indicated which positions are subject to reduction, as well as structural units and salary of employees;
• at the end of the order, the post, initials and signature of the head are put.

The order should necessarily indicate the reason for which the employee is forced to leave. Based on this document, then appropriate.

A sample of filling out the order of dismissal in 2019 due to the reduction is drawn up as:

Sample order with the payment of the output manual:

How to notify an employee?

According to the law, the employee must be informed of the reduction two months before (Article 180 of the Labor Code of the Russian Federation).

The direct supervisor provides an employee written notice. The obligation of the employee who has fallen under the reduction is the signing of this document.

If the reduction provides for the dismissal of two or more people, then for each of them an individual notice is issued.

When the decision on the reduction was made by the Commission, each employee needs to be familiar with the meeting protocol. Typically creates two instances of the notification, so one document remains at the employer, and the second can pick up the employee.

Within two months, the employer must offer an employee another vacant position in the enterprise.

Jobs can both comply with the qualifications and experience of the employee and be more low-paid than its real position (Art. 81 of the Labor Code of the Russian Federation).

If a person has several professions, the employer can offer him any appropriate work.

Example of notification:

If the employee refuses to sign the document

There are often situations where the employee does not agree with the dismissal and is not going to sign a notice.

In this case, the employer can send a document together with the act about the employee's refusal to familiarize themselves at its home address. Be sure to make inventory documents.

The act of refusal must assure the signatures of two witnesses who were present in the failure of the employee.

Example of an act:

Where and how much is stored?

The order for dismissal to reduce applies to the personnel of personnel, which are stored separately from the rest and have their own numbering. In addition, they are grouped depending on the storage time.

For example, it is impossible to keep together documents that are stored for 10 years, with documents, whose storage period is 15 years.

Storage personnel documents It is carried out on the basis of a list of typical management documents.

As for the order of dismissal to reduce, they are fed into the personal affairs of employees and are stored for 75 years.

These rules are united for all state and municipal enterprises, as well as for other organizations that convey documents to the archive on the basis of an agreement.

Applications and calls are accepted around the clock and seven days a week..

An order to reduce the staff of employees - a document that is compiled in cases where the organization is planned to dismiss one or several employees with the exception of their position from the staffing schedule. The reason for such actions of the leadership can be a variety of reasons: ranging from the reorganization of the enterprise and the production necessity, ending with the lack of financial opportunity to contain "extra mouths".

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Who can and who can not be fired when reducing states

In general, the employer is free to reduce any employee of the company. However, there are particularly protected categories of workers who are legally prohibited to dismiss the state. These include

• women waiting for the birth of a child
• parents of children up to three years old
• citizens or lonely mother, in whose care are children under 14 years and up to 18, if we are talking about children with disabilities.

As for juvenile employees, their dismissal when staff reduction Perhaps only when the Special Commission of the Labor Inspectorate will give an agreement that protects the rights of employees who have not reached the age of majority.

Procedure procedure

The process of reducing states is a multistage and consists of several stages.

1. First of all, the organization's management takes an appropriate decision and creates a written basis.

Important refinement: The dismissal of staff reduction officers is possible only in cases where their positions are abolished, and the transfer to another vacancy inside the company is impossible (i.e., the employer is initially obliged to consider the possibility of transferring employees to vacancies that correspond to their qualifications and specialization And if they are presented to offer them fired).

2. Then, in the manner prescribed by law, the trade union authority is notified (if there is such an enterprise) and the order is issued with which each employee has to be reached. If any employee does not want to sign a document, it must be fixed in a special act.
3. The final stage: the final calculation with the fired (which is made on the last working day), as well as making the appropriate entries in labor books employees, their personal cards and other personnel documents.

Who constitutes order

The obligation to compile orders related to personnel, usually lies in personnel departments, lawyers, or, sometimes, at the organization's secretaries. In any case, it should be a worker who has a good idea of labor Code RF and legal rights, both employer and subordinates. After registration, the order should always be transferred to the signature to the head, without which it does not acquire legal force.

Rules for compiling an order

This document is not particularly difficult from the point of view of office work. To date, it does not have a unified sample, strictly mandatory for use. Enterprises and organizations can write it in free form, based on their own needs and idea of \u200b\u200bthe content of this document.

However, there are some information that in any case should appease in the order. This concerns

• organization names
• FULL NAME, posts of dismissed employees,
• the reasons for their reduction.

In addition, the order must necessarily be signed by employees themselvesThe signatures of which will indicate that they are familiar with this document in the manner prescribed by law (it should be noted here that it should occur at least two months before the upcoming reduction).

The order can be decorated both in handwritten form and printed on a computer, always in a single copy and necessarily certified by the company's director. It is not necessary to print it, since since 2016, enterprises and organizations have the right not to use stamps or seals, not to mention the fact that it refers to the internal documentation, which is initially able to certify only with the help of a "steering autograph". After the procedure for reducing employees is completed, the document must be transferred to the archive of the enterprise.

An example of registration of an order

This order is compiled according to the standard diagram for this kind of documents.

Cap of document

Initially, its full name is written in the middle of the line (with a short designation of essence). Then just below indicate localityin which the enterprise is registered and the date of the compilation of the order.

Body of the document

The next part is the main one. At first, the reason for the correction of staff is fixed here, then the order itself is transmitted, which includes several items.

1. The first is prescribed the date and full name of the company, as well as those posts that are subject to abolishing and the number of workers employed on them.
2. Then the head of the personnel department or another authorized person is given, - here it is necessary to enter his position and name, to bring information about the reduction of states to those employees who directly concern (recall that it is necessary to do this two months before the events).
3. Then he is written about the requirement to prepare everything required documents and conduct a procedure in legal order. Also, it is also necessary to make an indication of the preparation of a new staff schedule, which will no longer be reduced positions. All this must be done before the fact of reducing employees is accomplished.
4. At the end, it is necessary to provide a link to the document (i.e., to call it and designate the date of compilation and number), on the basis of which this order was issued.
5. Then should approve the order by the signature of the company's head, indicating his position (director, cEO or other person acting on the basis of power of attorney, etc.), surnames, name and patronymic and signature with decoding.
6. Last but the order is brought to the attention of employees to be reduced, which should also put their signatures on it.

In some situations, the management of the economic entity and its owners make a decision on the full or partial closure of the enterprise, or on the republication of activities. In this regard, they have to reduce employees. Legislation provides for a certain obligatory procedure that they must comply.

How to make an order to reduce

For this document there is no standard approved form. As a rule, it is on the company's branded letterhead in common style with other enterprise orders.

In the upper part it is necessary to specify the full name of the company, the name of the document ("Order") and its serial number. Below under them is usually briefly introduced about what it is - in this case it will be "on the reduction of the number of employees." Here the date of its preparation is recorded in the header.

Next comes the introductory part. In her B. obligatory You need to specify two points - on the basis of what a reduction is made (this may be the decision of the meeting of the founders, the decision single Participant or another document), as well as for what reason (termination of the type of activity, state optimization, due to the deterioration of the financial position, etc.)

After that, the word "order:" is followed, and the necessary steps are listed to be done to execute the order.

As a rule, the first point is indicated to exclude from a certain date of position from the staffing schedule, after which their list is provided with an indication of the number of units. If an order to reduce the number is published, then this paragraph should not be said not to exclude them from the standard schedule, but about changing the number of full-time units while maintaining the position itself.

The second step is to follow the measures to perform an official responsible for the personnel. You can include the duty to notify the employment service, the trade union and the employees themselves, to offer employees to another post, etc.

The document is signed by the head of the company.

Nuances

Conducting the dispute can not be immediately created at the enterprise a new one with similar obligations. Such a step is a fictitious, carried out in order to remove from the enterprise "negligent" employee under the guise of a reduction. Such a dismissal can easily challenge in court that will oblige the management to restore the employee in its place.

If, prior to the entry into force of the order to reduce the state, the situation on the company is changing, it is possible to review. For this, a new order is published on the enterprise, which cancels the first order indicating its details.

With a massive reduction in order, it is advisable to include a clause on the establishment of a special commission to determine the list of workers who have preferential right to leaving the work.

If the company proceeds to the new owner, then the reduction of employees can be carried out only after legal registration of the change of ownership. This commitment is registered in the Labor Code of the Russian Federation.