Order on the reduction of the department and position. Procedure of administration. On changing the staff schedule and reducing the number of employees

Reducing a regular unit causes difficulties not only from newcomers. Find out how to properly hold the procedure and download the sample of the order.

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Reduced Rate Schedule: Procedure

Sometimes, as a result of changes in economic conditions, employers need to be reduced. staff schedule. That is, remove from the staff or entire units or individual posts, or reduce the number of rates at certain positions.

In the table you will find all the steps you need to perform to reduce the rate, employed employee. Each step is completed with the design of a specific document.

To reduce vacant posts in a regular schedule, it is enough to fulfill only the first stage. You can make changes to the standard schedule in two ways:

1. Approve a new staff schedule.
2. Make changes to the acting staff.

The first option is more convenient to use if you need to make a large number of changes. To do this, you need to make a schedule to anew, making all the necessary adjustments, and then by order to approve the document with the following registration number.

If there is a little change, or a complex procedure for approving a new document is provided, it is enough to publish an order for amending the current staff schedule. In this case, the document number, the date of drawing up and other details remain the same.

Order of the reduction of a regular unit (sample)

The employer draws up its decision to reduce the staffing schedule.

What you need to register in the document:

• Specify the date with which changes are entered into a regular schedule.
• Use specific officials to conduct certain events related to the reduction (if necessary).

Sample of the order of reducing a regular unit:

The new editorial office of the staffing is administered the next day after employees are dismissed. After all, until the moment of dismissal for the reduced employees, the place of work remains, therefore, the positions occupied by them should be provided in the schedule.

The project of the new staffing is developed before the publication of orders on the dismissal of workers, and is introduced after their actual reduction;

Interesting court decisions on the reduction of the post in the staff schedule

The procedure for reducing the post in the staff schedule should be necessary to observe if the position is occupied by the employee. Violation of the order can lead to the recovery of an employee at work.

Reduction is one of the few employer opportunities to dismiss employees on their own initiative. Legislation strictly monitors the legality of this procedure and in the event of its incorrect execution, the management will have to incur significant financial losses for compensation for their time workers when they could honestly work.

Order reduction order - how to write

Before proceeding to the process of dismissal when reducing the state, it is necessary to understand the concepts. Reduced state and numbers - two independent procedures that have their own legislative differences. Under the first one is understood to be a complete exception of the post at the enterprise, and under the second - the dismissal of only parts of people who have the same duties.

The administration needs to make the following actions:

• To create a document;
• Make changes to the staff schedule;
• Notify the employment service, trade union organization and employees themselves who may fall under the procedure.

The order form is not uniform and is drawn up in each particular case separately.

Employee Reduction Order - Sample 2018

According to the rules that the Labor Code of the Russian Federation prescribed, the document must contain the following information:

• At the top of the order, all details, names, publication dates, the name of the document are indicated;
• Preamble with the indication of the cause of the process;
• The administrative part, which includes the transfer of specific positions, which the manager intends to reduce;
• Listing and distribution of responsibilities for the execution of this act;
• Purpose of a person controlling the process;
• The signatures of all workers in respect of which the act was published.

Despite the lack of a fixed regulatory framework of the Act, the absence of one of the above items will be a violation of the law, and the document itself is considered incomplete.

Order on the reduction of number and staff due to optimization - sample

Under optimization, they understand the changes expected by the consequences of which will increase economic indicators Enterprises. The process may affect the various areas of the organization's activities and, among other things, the personnel issue.

The tasks of such a process associated with optimization can be:

• Reduction of subordinates in order to reduce the cost of their content;
• Reorganization of departments, branches, divisions;
• Renaming positions;
• Appointing new jobs and displacement of employees with older;
• Creation of new departments with cutting functioning.

The corresponding order is issued in accordance with standard rules. Its feature will be the need to include the main reasons that will take place in the enterprise.

Order for dismissal to reduce the state with the payment of the day off - Sample

The output allowance is not issued at the request of the employer. This accrual is the legislatively enshrined employee's right. The payment is an amount that is accrued in the amount of average monthly salary and will help an employee, without reducing the quality of its own life, transfer the period of work change.

Dismissal of personnel with the payment of the day off, on the basis of art. 81 TC RF , requires creating, in addition to the main order, additional order. It can be as a separate document, so be included in the text of the main act on reducing the number of personnel, depending on internal regulations Enterprises.

Order on the establishment of a commission to reduce the number or state - sample

The order for the establishment of the Commission is published by the Administration in an arbitrary form. This requires to reflect the following information in addition to standard information:

• Grounds for the creation of the Commission;
• A list of workers included in it;
• Deadlines;
• Commissioner for controlling the execution of the prescribed person;
• Other data if necessary.

Employees who are provided preferential right to this order must be familiar with him, which confirm their signature. The document itself is registered in the relevant magazine and is kept until the company's liquidation.

Order on the approval of a new staff schedule when reducing the state - sample

The schedule displays the structure of the organization, existing positions and their salary. The preparation of a new schedule must be carried out before the reduction procedure began, which should be in 2 months, the company's employees are notified. It is not drawn up by name, indicating the posts, their structural subordination to each other. At the same time, it is necessary to be guided by the appropriate classifier of professions.

If the changes do not affect the whole state, it is advisable to publish a partial change in the standard schedule, in order to avoid a large amount of work related to its complete reprint.

NOTICE ABOUT THE POSITION - Sample

Two months before the entry into force of the orders to cut off positions, each employee, which it affects should be informed by written individual notice.

In addition to the dismissal data, the notification may also include information about alternative vacancies in the enterprise that correspond to the qualifications and place of residence of the employee. If the employee refuses to sign a document that it was informed, the act in the presence of several witnesses is created.

The order to reduce the state is a document published and subscribed by the governing body of the firm in which the procedure and actions to optimize the personnel structure are indicated..

After the governing body adopted the appropriate decision, notifications are sent to employees who have fallen into dismissal.

At the same time, a special commission is collected, which will monitor the process of process. It will choose the staff preferred for the company.

If the posts are eliminated, then check the presence of workers with a special immunity against dismissal.

To understand the difference between the reduction of the number and state, you need to deal with these definitions.

Number - this is the number of workers in this moment A certain position. State- This is a totality of posts existing in the organization.

When the number decreases, the state remains the same, the selection of the departure and remaining is made by their qualifications. When a state decreases, everyone except those having special privileges (for example, pregnant women).

ATTENTION. In practice, managers combine the optimization of the number and state, they are not mutually exclusive.

Step-by-step instruction

There is a template form of contraction orders. These data indicated in them are the same by structure, but may vary because of the organizational and legal form.

First of all indicate organization name, document number and city in which it is published. In the header of the document they write that he is about "making changes to the staff schedule and reducing the number of employees."

After that, the reason for which human optimization occurs. It may be reorganized, closing a branch or decision of the governing body.

In order be sure to formulate the order in which the frame optimization process will occur: Preparing a list for dismissal, presenting notifications to the selected employees, preparing notifications about the optimization of personnel structure of employment service, notice of employees about their rights due to dismissal, message to employees about other vacancies in the organization.

In large organizations, create a whole personnel commission, but sometimes you can do one responsible person.

Subscribe a document by the head of the company. You do not need to print on it.

Order of the Reduction of Number and Staff: Sample

State

Here is a sample of an order to reduce employees. This is only a sample of an order to reduce the regular unit, in your case it will look different.

Limited Liability Company "New World"

Order No. 242.

SMOLENSK 03/01/2017

Order

Make changes to the staff schedule, removing the following official units from it:

1. Agronomist;
2. Safety engineer;
3. Accountant.

Changes to the staffing schedule come into force on 04/03/2017.

Responsible for the reduction to appoint Kuleshov A.N - head of the personnel department.

In particular, instruct him:

1. Make a list of fired;
2. Send the reducing notification to the relevant staff;
3. Write and send a notice to the employment service;
4. Notify employees about current job vacancies;
5. Notify employees about their rights in the event of a reduction.

Who signs an order to reduce the number or staff of employees? On the left below, the position and initials of the head of the organization are prescribed, on the right he puts the signature.

Numerous

What is the example of an order to reduce the number of employees? Only one formulation is changing, all other parts of the order remain unchanged.

Order

Make changes to the staff schedule, and reduce the number of employees on the following regular units:

1. Cook - 3 pcs.
2. Waiter - 1pc.

No need to write two different order about the reduction of employees and numbers. Two different formulations can be entered into one order.

What happens after?

After your sample of an employee's reduction order comes into force, responsible person From the personnel department, the selection of persons who fell under dismissal.

It also indicates the right of an employee to start finding work through the employment service and early break contract of employment followed by compensation. The mailing list indicates if they are, vacant positions in the company, even if they are paid less.

The order is made up separately. They indicate persons chosen by the person responsible or face, list their posts and give a reference to the order, according to which their notice occurs.

On the day of signing by the head of the order of the dismissal of the selected employees, entries are made to their employment records. They indicate the date, set the number of the order, and also write the direct cause of dismissal.

After the date of dismissal former workers 2-3 months get output benefit .

Sometimes it happens that members of the trade union fall under the dismissal. In this case, the reduction procedure differs only by the fact that notifications and copies of documents should also be sent to the management of this trade union.

The management of the company is not legal responsibility for the inaccurate filling of the template, since the pattern itself is given in an exemplary form, its content may vary depending on the circumstances.

But it is administrative responsibility for the late notice of employees about the upcoming dismissal, as well as the disappointment of the employment service. If in court it will be revealed that the employee was not notified, dismissal recognize illegal.

Now that you have a sample order about the upcoming reduction in a staff schedule, summarize.

The reduction order is mainly notifying and declarative.

They refer to it to show the legality of the dismissal of the employee.

He is written and subscribed in two days.

Forms of a state reduction and numbers are almost not distinguished, just in the second case indicate the number of workers, and in the first - just posts.

The order to reduce the number and state - a sample attached to this article can be used if the organizational changes occurring at the employer are subject to signs of reduction. On its basis, orders are published.

Sample of the order of the state of the state.doc

Sample of the order of the state of the state of the state.doc

Sample of the order about the dismissal to reduce the state

The dismissal of the employee is made on the day specified in the warning. If the employee at that moment was on the hospital, the order is made on the day of his employment. This administrative document refers to the category, which is described in detail in the article on the site orders for personnel - are these orders?

As a rule, such an order is issued according to the unified forms of T-8 (if one employee is dismissal) or T-8A (with a reduction in several employees), approved. By decree of the State Statistics Committee of the Russian Federation of January 05, 2004 No. 1. However, it can be decorated in free form.

Details of this administrative document:

1. The name of the employer.
2. Title: "Order of the dismissal".
3. Room, date, place of compilation.
4. The content of the order:
   • note, due to what circumstances, it is published (for example, "in connection with ...");
   • contents of the order ("Missify F. I. O. to reduce the state / number with the payment of an output benefit in the amount of average monthly earnings under Art. 178 of the Labor Code of the Russian Federation");
   • information, in accordance with what provisions Labor Code The Russian Federation decided (paragraph 2 of Art. 81 of the Labor Code of the Russian Federation).
5. Documentary justification.
6. Signature of the head, indicating the post and F. I. O.

Among the documents justifying the publication of such a document (if available), the statement of the employee about the harmony of early dismissal, a notice of reduction, the proposal of another work, an order to reduce the number and (or) state of the organization.

Order aimed at reducing the number of employees of the organization

The beginning of organizational changes that lead to the release of part of the employees is the publication of an order to reduce the staff of employees according to the model given in our article, or in another form. It can be called differently: "On the optimization of the organizational structure", "On Amendments to the staff schedule", etc.

An example of an order is available for download by reference: Sample order reduction order.

IMPORTANT! The feasibility of the employer's actions by the court is not assessed, therefore the feasibility study of the publication of this document is not required. Nevertheless, the changes themselves must have a rational basis, in particular there should be no replacement of posts similar to the set of functional duties.

To acquaint the reduced workers with the order is optional. As a rule, for each employee, a separate notification is prepared (see the appeal definition of the RB of October 02, 2016 in case No. 33-14159 / 2016).

The structure of the order is similar to the above. In it, except themselves full-time changesmay contain an instruction to a responsible employee (for example, the head of the personnel department) to prepare all the necessary documents.

Attention should be paid to one nuance: if the order provides for a reduction in the number (i.e., a decrease in units by position), it is advisable to form a commission to define the preemptive right to leaving at work in accordance with Art. 179 TK RF. When reducing the state (withdrawal from the staffing of posts), there is no preemptive right.

So, in carrying out a reduction, the layout order should contain an indication of a number of documents issued in the process of procedure: notification, a proposal for work, etc. It is issued on the basis of the order that changes are made to the staff structure of the organization, which caused a change in the number or state.

Make an order to reduce employees (sample 2018)

Sometimes abbreviation is the only way out.

Whatever unpleasant personnel reduction procedure, sometimes this is the only way out to save business. If the demand for goods (works, services) implemented by the company, fell, then nothing remains how to reduce the number of employees, in whose services the organization has ceased to need.
The reduction is a complex procedure consisting of a number of mandatory stages. The entire procedure must be carried out correctly so that the dismissal on this base is recognized as legal (see more about this, "State Reduction Procedure ( step-by-step instruction 2018) ").

You need to do everything right, because the risks are very high. In case of non-compliance with the procedure preceding the dismissal, the Court may recognize the reduction in unlawful and restore the employee. In practice, this means the payment of average earnings during the forced absenteeism (Art. 394 of the Labor Code of the Russian Federation).

For your information
An employee who is on vacation or hospital can not be fired (part 6 of Art. 81 of the Labor Code of the Russian Federation). The reduction in the number or state of an exemption from this rule is not.

The discussion will restore the disadvantaged employee at work and will force to pay the average earnings during the forced absenteeism associated with the illegal reduction (Art. 394 of the Labor Code of the Russian Federation, the appeal definition of the Bryansk Regional Court of 03.10.2013 No. 33-3203 / 2013).
In addition, the court may recover moral compensation in favor of the employee.

Order need to be correct

When you need to reduce the number of regular units for a specific position (posts), make an order to reduce the number of employees. The order needs to be specified:

• from what date (taking into account the two-month warning period), how many regular units will be reduced;
• the basis for the reduction, for example, the decision of the Company's participants;
• phased reducing procedure.

If labor productivity and qualifications are equal, then other things being equal at work, for example, leave (Article 179 of the Labor Code of the Russian Federation, paragraph 7 of Art. 14 Federal Law from 05/15/1991 No. 1244-1, paragraph 10 of Art. 2 of the Federal Law of January 10, 2002 No. 2-FZ):

• employees who have on providing two and more disabled family members, for example, children;
• employees whose family has no other employees;
• disabled WFI and fighting;
• workers who have received injury or careball during work in this organization.

In order to facilitate the work of personnel specialists, our experts prepared a sample of an order to reduce the number of employees in connection with optimization, relevant for 2018.

If you have found a mistake, please select the text fragment and click Ctrl + Enter..

blogkadrovika.ru.

How to arrange documents when dismissal to reduce the number or staff

The procedure for reducing the number or staff of employees is quite complicated and not very pleasant. It is necessary to prepare a lot of documents and familiarize with them the staff with whom will have to say goodbye. We will tell you what is foreseen and what time it is necessary to meet in order to minimize the risk of disputes and proceedings.

Sometimes due to the complex financial situation, or for some other reasons, the organization's management may decide to reduce the number or staff of employees. Consider what documents should be in a similar situation.

Order of the Reduction

The first and most important document that should be prepared in the reduction of the number or staff is directly the order of the head of the organization. Options are possible here.

The first option is reduced by the state. If the staff is reduced, the order is made to change the staffing schedule. From the staffing schedule, you must remove certain positions.

The second option is reduced by the number. With the reduction of only the number of employees of the organization, the posts are not deleted, but the number of employees decreases. In this case, an order to reduce the number is issued. It indicates positions and the number of reduced units for these posts.

The third option is shrinking both the state and number. In practice, this option is encountered more often than others. In this case, one order is drawn up on changing the standard schedule and reduce the number. The order will also be positions that are removed from the staffing and the number of reduced units for the remaining posts.

Unified form specified documents No, an organization can develop and approve its own form. But it necessarily needs to specify the following details: a list of reduced positions indicating the number of units and the date of reducing employees. It can also be reflected in the order for the reason for the reduction of employees. When specifying the date, do not forget that warn employees about the planned reduction follows no later than two months. A sample of an order to reduce the state and the number of data in Appendix 1 (p. 96).

Sample state reduction order and numbers

Order No. 175.
about making changes to staff schedule
and reducing employees

In connection with the closure of the "Products" store, located at Moscow, ul. Nizhny Novgorod, d. 87, Corp. five

1. To make a change in the staff schedule, excluding from November 1, 2014 from the staffing of 04/18/2013 No. 5 of the following positions:

Head of the store in the amount of 1 units (salary 45 000 rub.);

Seller in the amount of 6 units (salary 15 000 rub.);

Cleaner in the amount of 1 units (salary 8000 rubles);

Security guard in the amount of 2 units (salary 18 000 rub.).

Accountant - by 1 unit (salary 30 000 rub.);

Freight forwarder - per unit (salary 28 000 rub.).

3. Manager by personnel Volodyina A.P. Prepare:

A list of workers subject to reduction;

Notice of the upcoming release of workers in the employment body;

Notifications of the upcoming reduction to each employee with a proposal of other positions (if available).

4. Control over the implementation of this order to shall be entrusted to the deputy director of the personnel of Zuev E.S.

CEO Kovalev A.A. Kovalev

The order is familiar with the order:

Volodina A.P. Volodina

Notification in the employment body

About the upcoming reduction of workers must be notified service of employment no later than two months before the start of measures to reduce. The notification is drawn up in arbitrary form. It indicates positions, professions, specialty and qualification requirements for them, as well as the wage terms of each particular employee (Art. 25 of the Law of the Russian Federation of 19.04.91 No. 1032-1 "On Employment of the Population in Russian Federation"). In the case when the decision to reduce the number or state of the organization can lead to mass dismissalthen inform the employment service follows no later than three months.

The criteria for mass dismissal are determined in industry and (or) territorial agreements between the trade union and employers (Art. 82 of the Labor Code of the Russian Federation). If the criteria agreements are not regulated, the massive is considered to be dismissal to reduce (paragraph 1 of the Regulations approved by the Decree of the Government of the Russian Federation of 05.02.93 No. 99):

50 or more people for 30 calendar days;

200 or more people within 60 calendar days;

500 and more people for 90 calendar days.

Note that before the notification of the employment service, it is necessary to compile a list of reduced workers. At the same time it is necessary to keep in mind the following. According to Art. 179 of the Labor Code of the Russian Federation the right to leaving at work is provided to employees with higher productivity and qualifications. Upon other things being equal (productivity and qualifications), it should be left at work:

Family workers who have two or more dependents (disabled family members who are on full content an employee or help from him, which is a constant and main source of livelihoods for them);

Persons whose family has no other employees with independent earnings;

Persons who received labor injury or professional disease in this employer;

Disabled Great Patriotic War and disabled hostilities on the defense of the Fatherland;

Workers who improve their skills in the direction of the employer without separation from work.

In addition, other categories of workers who have preferential rights can be indicated in the collective agreement. There are also categories of workers who are forbidden to dismiss in connection with the reduction in the number and state. These include (Art. 261 of the Labor Code of the Russian Federation):

Women who have a child under the age of three;

Single mothers raising a disabled child under the age of 18 or a young child (under the age of 14);

Workers raising a disabled child under the age of 18 or a small child without a mother;

Parents (other legal representatives of the child), who are the only breadwinner of the disabled child under the age of 18 or the only breadwinner of the child under the age of three in the family, raising three and more juvenile children, in case another parent (another legal representative of the child) It is not in labor relations.

Fragment of notification of the employment service is given in Appendix 2.

Fragment of notification of employment service on the upcoming staff reduction and number of employees

Limited Liability Company "Tulip"

Head of the Center for Employment
Southwestern administrative district
moscow

We inform you about the upcoming dismissal of workers to reduce the number and staff of employees on the basis of paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation in accordance with the order of 08.27.2014 No. 175. Distribute October 31, 2014. The following employees of Tulip LLC are planned:

Position (profession, specialty)

Full Name

Official salary, rub.

Petrova Olga Mikhailovna

Higher education, experience in a similar position for at least 5 years

Kiseleva Irina Ivanovna

Average special education, experience in trading from one year

CEO Kovalev A.A. Kovalev

If the organization has a trade union body, it must also be informed about the upcoming reduction. The notification can be compiled by the same form that is prepared for the employment service. And the deadlines will be the same. In general, inform the electoral body of the primary trade union organization should not be later than two months before the reduction. If the reduction can lead to massive dismissal, then notify the trade union is needed no later than three months. Notify the trade union is necessary when cutting any employees. At the same time, dismiss the employee who is a member of the trade union is permitted, taking into account the motivated opinion of the electoral body of the primary trade union organization in accordance with Art. 373 TK RF. To do this, the trade union needs to send the draft order of dismissal and attach a copy of the order to change the staff schedule or reduction of the number. After that, the trade union body must express his opinion in writing within seven working days. Objections received by the expiration of this period on the basis of Art. 373 TK RF, the employer may not take into account. In the event that the electoral body of the primary trade union organization expressed disagreement with dismissal, he spends additional consultations with an employer or his representative for three working days. The results of these consultations are issued by the Protocol. If the general agreement was not achieved during the negotiations, the employer after ten working days from the date of the direction to the electoral body of the primary trade union organization of the project of the order and copies of documents has the right to make a final decision. The employer's solution may be appealed to the State Labor Inspectorate.

Notification for workers

The next step is to prepare and submit notifications about the upcoming reduction of each of the workers who are supposed to be dismissed (Article 180 of the Labor Code of the Russian Federation). Again, the employer must do this no later than two months before the planned dismissal.

True, for some categories of workers installed other notice deadlines. In particular, seasonal workers need to be notified of the reduction no later than seven calendar days (Art. 296 of the Labor Code of the Russian Federation), employees with which urgent labor contracts concluded for a period of up to two months - no later than three calendar days before the termination of the contract ( . 292 TK RF).

All employees who are planned to be dismissed should offer other vacancies available in the organization. At the same time, the proposed position must comply with the qualifications and health status of the employee. It is allowed to offer lower positions with a smaller salary than the employee was. Note that the employer is obliged to offer vacancies in other locations, only if it is directly provided for by a collective agreement, agreements, an employment contract. This is stated in Art. 81 TK RF.

The notification is drawn up in arbitrary form. A sample of the employee notice of the upcoming reduction is given in Appendix 3.

Sample Employee Notice

Limited Liability Company "Tulip"

Head of the store Petrova O.M.

Notification of the upcoming reduction

Dear Olga Mikhailovna!

We inform you that on the basis of order No. 175, your position is subject to a reduction in the shop. Changes to staffing will take effect from November 1, 2014. We invite you to consider the following vacancies:

1) procurement manager with salary 35,000 rubles;

2) Specialist Sales Department with salary 38 000 rub.

If these posts do not fit you, labor contract With you will be terminated in connection with the reduction of the staff of the organization's employees on the basis of paragraph 2 of Part 1 of Art. 81 Labor Code. At the same time, you will pay compensation equal to the average monthly earnings with the preservation of such for the period of employment, but not more than two months. During the third month from the date of dismissal, the average earnings can be paid to solving the employment service authority if you refer to the two-week time after dismissal.

CEO Kovalev A.A. Kovalev

Notice acquainted Petrov OM Petrov

One nuance. It is often common for situations when at the time of the preparation of notification for the employee there are no suitable vacancies in the organization. Then in the notification, the vacancy is not offered, and the fact of their temporary absence is reflected.

The notification fragment is given in Appendix 4.

Fragment of the notice of the employee about the upcoming reduction

... Forced to inform you that there are no vacancies for you for you on the state of health and qualifications. If these appear in the period before November 1, 2014, we assign you to inform you in writing about it.

If, during the time before the dismissal, the vacancies will appear, you will need to once again inform the employee in writing.

Order on translating

If the employee to be reduced, agree on any of the proposed vacancies, is issued an order for translating. To do this, you can use the unified forms No. T-5 or T-5A, approved by the Resolution of the State Statistics Committee of Russia from January 05, 2004 No. 1 (hereinafter referred to as Decree No. 1), or to develop on their basis its own form of a document. The sample of the order of transfer is given in Appendix 5.

Recall that from January 1, 2013 it is not necessary to use unified forms, the organization has the right to use its own forms approved by the internal document (clause 4 of Art. 9 of the Federal Law of December 6, 2011 No. 402-FZ "On Accounting", hereinafter Law No. 402-FZ). This is also confirmed by Sprilder's specialists (letters from 09.01.2013 No. 2-TK, of January 23, 2013 No. PG / 10659-6-1 and on February 14, 2013 No. PG / 1487-6-1). At the same time, forms for accounting and wagesdeveloped by the organization must, firstly, contain all mandatory detailsprovided for in paragraph 2 of Art. 9 of Law No. 402-FZ. And secondly, to comply with the requirements of labor legislation. For example, in a personal card in obligatory There must be records of the work done, translation and dismissal, listed in the workbook (clause 12 of the rules of conducting and storing labor books, making the forms of workbook and the provision of employers approved by the Decree of the Government of the Russian Federation of 16.04.2003 No. 225). In addition, some unified forms on personnel accounting remain mandatory to use. In particular, here refers to a travel certificate. It must be compiled in accordance with the form No. T-10 approved by Decree No. 1 (Letter Rostrud dated 04.03.2013 No. 164-6-1). To account for the working hours of workers who work for replacement scheduleIt is necessary to use the unified forms No. T-12 and T-13, approved by Decree No. 1 (a letter of the Ministry of Labor of Russia dated 24.05.2013 No. 14-1061).

Sample order of translation

Limited Liability Company "Tulip"

Order number 176.
about transfer to another job

New job: Sales Department, position - Specialist Sales Department, Official Salary - 38 000 rub.

Former place of work: the store "Products", the position - head chapter.

Reason for translation: Reducing the number and staff of employees of Tulip LLC (order of 27.08.2014 No. 175). Base: an additional agreement to the employment contract of 01.09.2014 No. 5.

CEO Kovalev A.A. Kovalev

The order is familiar with the order: Petrov OM Petrov

Based on the order of the translation, it is necessary to make records in the employee's employment book and personal card.

Order of dismissal

If the worker refused the proposed vacancies or did not turn out, after canceled It needs to be fired. This includes an order for unified forms No. T-8 or T-8A, approved by Decree No. 1, or for otherwise approved internal order Organizations.

Note that an employee who fell under the reduction has the right to quit earlier established periodIf in writing confirms its consent. The application is compiled in free form. The basis for dismissal and in this case is the reduction of the state. Early dismissal can be beneficial to the employee, since it is supposed to be supplementary compensation in the amount of the average earnings of the employee, calculated in proportion to the time remaining before the expiration of the dismissal prevention period (Article 180 of the TK RF). The order is compiled no later than the day of dismissal.

An example of an order of dismissal by unified form No. T-8 Dan in Appendix 6 (p. 104).

www.eg-online.ru.

Order of staff reduction and reduction of employees

Reduction is one of the few employer opportunities to dismiss employees on their own initiative. Legislation strictly monitors the legality of this procedure and in the event of its incorrect execution, the management will have to incur significant financial losses for compensation for their time workers when they could honestly work.

Order reduction order - how to write

Before proceeding to the process of dismissal when reducing the state, it is necessary to understand the concepts. Reduced state and numbers - two independent procedures that have their own legislative differences. Under the first one is understood to be a complete exception of the post at the enterprise, and under the second - the dismissal of only parts of people who have the same duties.

The administration needs to make the following actions:

• To create a document;
• Make changes to the staff schedule;
• Notify the employment service, trade union organization and employees themselves who may fall under the procedure.

The order form is not uniform and is drawn up in each particular case separately.

Employee Reduction Order - Sample 2018

According to the rules that the Labor Code of the Russian Federation prescribed, the document must contain the following information:

• At the top of the order, all details, names, publication dates, the name of the document are indicated;
• Preamble with the indication of the cause of the process;
• The administrative part, which includes the transfer of specific positions, which the manager intends to reduce;
• Listing and distribution of responsibilities for the execution of this act;
• Purpose of a person controlling the process;
• The signatures of all workers in respect of which the act was published.

Despite the lack of a fixed regulatory framework of the Act, the absence of one of the above items will be a violation of the law, and the document itself is considered incomplete.

Order on the reduction of number and staff due to optimization - sample

Under optimization, there is a change in the expected consequences of which will increase the economic indicators of the enterprise. The process may affect the various areas of the organization's activities and, among other things, the personnel issue.

The tasks of such a process associated with optimization can be:

• Reduction of subordinates in order to reduce the cost of their content;
• Reorganization of departments, branches, divisions;
• Renaming positions;
• Appointing new jobs and displacement of employees with older;
• Creation of new departments with cutting functioning.

The corresponding order is issued in accordance with the standard rules. Its feature will be the need to include the main reasons that will take place in the enterprise.

Order for dismissal to reduce the state with the payment of the day off - Sample

The output allowance is not issued at the request of the employer. This accrual is the legislatively enshrined employee's right. The payment is an amount that is accrued in the amount of average monthly salary and will help an employee, without reducing the quality of its own life, transfer the period of work change.

Dismissal of personnel with the payment of the day off, on the basis of art. 81 TC RF, requires creating, in addition to the main order, additional order. It can be as a separate document, so be included in the text of the main act on reducing the number of personnel, depending on the internal register of the enterprise.

Order on the establishment of a commission to reduce the number or state - sample

The order for the establishment of the Commission is published by the Administration in an arbitrary form. This requires to reflect the following information in addition to standard information:

• Grounds for the creation of the Commission;
• A list of workers included in it;
• Deadlines;
• Commissioner for controlling the execution of the prescribed person;
• Other data if necessary.

Employees who are provided preferential right to this order must be familiar with him, which confirm their signature. The document itself is registered in the relevant magazine and is kept until the company's liquidation.

Order on the approval of a new staff schedule when reducing the state - sample

The schedule displays the structure of the organization, existing positions and their salary. The preparation of a new schedule must be carried out before the reduction procedure began, which should be in 2 months, the company's employees are notified. It is not drawn up by name, indicating the posts, their structural subordination to each other. At the same time, it is necessary to be guided by the appropriate classifier of professions.

If the changes do not affect the whole state, it is advisable to publish a partial change in the standard schedule, in order to avoid a large amount of work related to its complete reprint.

NOTICE ABOUT THE POSITION - Sample

Two months before the entry into force of the orders to cut off positions, each employee, which it affects should be informed by written individual notice.

In addition to the dismissal data, the notification may also include information about alternative vacancies in the enterprise that correspond to the qualifications and place of residence of the employee. If the employee refuses to sign a document that it was informed, the act in the presence of several witnesses is created.

We draw up a reduction in the number or staff of employees

Conducting the number or staff of employees requires registration large number Paper, many of which are compiled in arbitrary form. But their correct and timely execution will minimize the claims of employees, for example, that the employer did not give them a prevention of reduction in time and did not propose available vacancies. And even if they compare to the work or court, these documents will help the employer to prove their right point.

What documents and in what time frame should be issued

Step 1. Decalating the decision to reduce

To do this, make an order:

• about changing the staff schedule, if some posts are completely excluded (staff reduction);
• on reducing the number of employees, if the number of employees in all or some posts is reduced (reduction in numbers).

But often these events are held at the same time, then everything is united in one order. The same order makes sense to approve the commission from among the employees of the organization, which will be engaged in:

• drawing up a list of employees to be reduced;
• selection of vacancies for reduced;
• awarding them notifications about the upcoming reduction.

Here is a sample of such an order.

Order number 11.

On changing the staff schedule and reducing the number of employees

In connection with the closure of the store at: 1st Spinning Street, 3,

Order:

1. Make a change in staffing from 01.02.2010, eliminating the following full-time positions from it:
- merchandise - 1 unit;
- Marketer - 1 unit.

2. Reduce employees in the following posts:
- Sales Manager - by 1 unit;
- Seller - 2 units.

3. Changes to the staff schedule from 01.02.2010 come into force on 01.06.2013.

4. To carry out measures to reduce the state and the number of employees to form a commission complimentary:
- Chairman of the commission I.N. Belousova - Personnel Inspector;
- Commission members:
- O.I. Vasilyeva - Accountant;
- I.I. Kovaleva - Sales Manager.

5. Instruct the Commission:
- prepare a list of employees to be reduced;
- prepare notifications for the territorial employment body about the upcoming reduction;
- prepare proposals for the provision of other work released by the employees, taking into account available vacancies;
- Notify employees about the upcoming termination of employment contracts and provided by him in connection with these rights and guarantees.

6. Control over the implementation of this order shall be entrusted to the chairman of the commission I.N. Belousov.

Step 2. We will send a notice to the employment authority

The entrepreneur notifies the employment authority no later than 2 weeks before the dismissal of the employee in paragraph 2 of Art. 25 of the Law of 19.04.91 No. 1032-1.

Notify the reduction of the employment body, even if you reduce only one employee. The notification must be sent to the expected date of dismissal employee in Art. 82 TK RF; p. 2 art. 25 of the Law of 19.04.91 No. 1032-1:

• the reduction will not lead to massive dismissal - no later than 2 months;
• reduction will lead to massive dismissal - no later than 3 months.

There is no approved notification form. You can make it so.

Limited Liability Company "Dawn"

129111, Moscow,
ul. Halturinskaya, d. 11,
p. 1, Tel.: 1111111

Head
Center for Employment Population
Eastern administrative
county of Moscow

Exchange № 18 dated 03/27/2013

NOTIFICATION

We hereby report on the dismissal 31.05.2013 on the basis of paragraph 2 of Part 1 of Art. 81 Labor Code of the Russian Federation (reduction in the number or staff of employees), the following employees of LLC "Dawn":

Foundation: Order of 03/25/2013 № 11

Step 3. Hand notice employee

Each reduced worker must be prevented about the upcoming dismissal and in writing. You need to send a notice:

• not later than 7 calendar days, if this is a seasonal work to Art. 296 TK RF;
• not later than 3 calendar days, if an employee was concluded by an employment contract for a period of up to 2 months in Art. 292 TK RF;
• not later than 2 months - all the rest of the employee M Art. 180 TK RF.

Tell the manager

To not to disrupt the notification of the employment authority, It is necessary to determine whether the dismissal will be massive. To do this, look into the industry, territorial or regional agreement between trade unions and employers and Art. 82 TK RF.
If there is nothing about this in the agreements, the mass is considered to be dismissal to reduce Yu paragraph 1 of the provisions, approved. Government Decree of 05.02.93 No. 99:

• 50 and more people in 30 days;
• 200 and more people in 60 days;
• 500 and more people in 90 days.

In this notice to any reduced worker (including seasonal and temporary), it is necessary to offer the appropriate job in your organization in the same settlementIf it is at the time of delivery notice. Suitable is the art. 81 TK RF:

• vacant position (work), relevant employee qualifications and health status;
• vacant subordination position (lower paying work), which the employee can perform according to the qualifications and health status.

Offering vacancies in other locations, the employer is obliged only if this is provided for by agreements, collective or labor contracts ME Art. 81 TK RF.

If the suitable vacancies will appear from the day the employee's warning and before the day of his dismissal, then they also need to offer him.

The notification of the upcoming reduction must be made in two copies, one of which is awarded to the employee, and the other with his signature on receiving the notification is stored in the employee's personal case.

Limited Liability Company "Dawn"

Seller Abramova Olga Nikolaevna

NOTIFICATION

Dear Olga Nikolaevna,

in accordance with Art. 180 Labor Code of the Russian Federation We notify you that in connection with the reduction in the number of employees on the basis of the order general Director Dawn LLC dated 03/25/2013 No. 11 "On changing the staff schedule and reducing the number of employees" The regular unit of the seller's post is subject to reduction from 01.06.2013.

We offer you a translation to another job as a storekeeper with salary in the amount of 10,000 rubles. There are currently no suitable vacancies in our organization. We inform you that with your refusal to transfer to the work of the storekeeper, as well as when refusing to transfer to other vacancies (works), which will be offered to you when they are presented in the period of 05/31/2013, taking into account your qualifications and health status, The employment contract will be terminated with you on 05/31/2013 under paragraph 2 of Part 1 of Art. 81 TK RF (reduction in the number or staff of employees of the organization).

When dismissal in accordance with paragraph 2 of Art. 81 Labor Code of the Russian Federation You will be paid output allowance in the amount of average monthly earnings, and the average monthly earnings will be saved for the employment period in accordance with Art. 178 of the Labor Code of the Russian Federation, but not over 2 months from the date of dismissal (with a testing of the day off). During the 3rd month from the date of dismissal, the average earnings will be paid to the decision of the employment service authority provided that in a two-week time after dismissal you contact this body and you will not be employed.

• make up an additional agreement to his employment contract on transfer to another constant work;
• make an order about the transfer of the employee to another job. As a basis, you can take a unified form No. T-5 or T-5A;
• make an entry on the transfer of an employee's career;
• reflect information about the translation in the section "Receive to work and translations to another job" of a personal card of the employee, where he must sign.

If at the time of delivery of the notification to the employee in the organization there are no suitable vacancies, then instead of the proposal on the translation in the notification, the following is indicated.

We inform you about the absence of Dawn LLC. Currently vacant posts that meet your qualifications, and lower payments, work on which you can perform with the qualifications and health status. When such vacancies in the society appear in the society during May 31, 2013, they will be offered to you in writing.

Step 4. We make an agreement on early dismissal

If the employee does not mind, then the employment contract can be terminated with it before the expiration of the warning of the dismissal with the payment of additional compensation and Art. 180 TK RF.

You can arrange an agreement.

Agreement on termination of the employment contract until the expiration of the prevention of dismissal due to the reduction in the number of employees

Limited Liability Company "Dawn", referred to in the future "Employer", represented by the Director General of Ponomareva Alexei Ivanovich, acting on the basis of the Charter, on the one hand, and Ivanov Polina Ivanovna, who holds the position of the seller, hereinafter referred to as the "Worker", on the other The parties concluded an agreement on the following.

In connection with the reduction in the number and staff of employees (the order of the General Director of Dawn Ltd. from 03/25/2013 No. 11), the employee held a regular unit as a seller's position is subject to reduction from 01.06.2013, which the employee was notified in writing in writing on March 29, 2013.

The parties agreed to terminate 01.04.2013 an employment contract between the employer and the employee of 01.03.2010 No. 10 TD.

When dismissal in accordance with paragraph 2 of Part 1 of Art. 81 Labor Code of the Russian Federation The employee will be paid a day off manual in the amount of average monthly earnings, the average monthly earnings are preserved for the employment period in accordance with Art. 178 of the Labor Code of the Russian Federation, as well as additional compensation for dismissal before the expiration of the prevention of dismissal in the amount of two mid-monthly earnings (Article 180 of the Labor Code of the Russian Federation).

Note that for the employer, early dismissal for the reduction is not always beneficial. After all, if during the warning period you will not be able to provide a reduced employee by work on economic, technological or organizational reasons, then it is possible to make it easy at this time. 72.2 TK RF. And in the absence of the guilt of the employer, it is paid in the amount of 2/3 of the salary or the tariff rate and Art. 157 TK RF.

And additional compensation for early dismissal is calculated based on the average earnings, and it is usually more than the salary or tariff ratewho will receive an employee for working during the warning period.

Step 5. We draw up an order to dismiss the reduced workers

As a basis, you can take a unified form No. T-8 or T-8A.

The order must be made no later than the day of dismissal.

Do not forget to familiarize your employee to painting with this order. And if he refuses, at the order mark about it (for example, "to familiarize yourself with the painting with the order refused") Art. 84.1 TK RF.

Step 6. We make an entry on dismissal in the employment record and employee personal card

On the day of dismissal, the employee must issue a labor book with a record of dismissal and art. 84.1 TK RF.

The base and date of dismissal, as well as the date and number of the order of dismissal, should be reflected in the final section of the personal card of the employee, where he should also sign.

If the organization has a trade union

In this case, it is additionally necessary:

• notify the trade union on the reduction in the same time and for the same form as the employment body (see step 2), even if workers not consist in the trade union fell under the reduction. Be sure to fix the date of receipt of this notice of the trade union, because it is impossible to start warning workers about the dismissal (see step 3) for previously this dates of Art. 82 TK RF;
• send to the trade union the draft order of dismissal to reduce if the employee is a trade union or a member of the labor dispute commission, attaching a copy of the order to change the staff schedule or a reduction in the number (see step 1) of Article 82, 171 of the Labor Code of the Russian Federation. To manage to dismiss such an employee, you have a month (excluding periods of temporary disability of the employee, staying it on vacation and other periods of the absence of an employee, when the place of work (position) is preserved) from the day of receiving the opinion of the trade union and art. 373 TK RF. And on obtaining his opinion you will have a maximum of 10 working days of Art. 373 TK RF:

7 working days from the date of receipt of the project of the order are given to the trade union that he can express his opinion in writing;

3 working days need to be laid for joint consultation with the trade union, if he does not agree with the dismissal of the employee. Their result should be issued a protocol.

That is, the order of the order should be sent to the trade university at no earlier than a month and no later than 10 working days before the planned date of dismissal of the reduced employee AE. 373 TK RF.

Note that the presence of objections from the trade union and the disadvantage of consent during joint consultations does not prevent the dismissal of the employee - a member of the trade union. However, such a dismissal, an employee or trade union for 10 days can appeal in the work, which in case of recognition of dismissal to be illegal can restore the dismissed employee at work with the payment of forced rushing. 373 TK RF.

Compliance with the given order of dismissal is one of the guarantees from the possible restoration of an employee at work and fine labor on formal grounds, that is, simply due to the lack of a particular paper or its defect.

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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.

Dear readers! The article tells O. typical methods Decisions of legal issues, but every case is individual. If you want to know how solve your problem - Contact a consultant:

It is fast i. IS FREE!

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.

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