If necessary, the employer has the right to make a decision containing a reduction in the number or staff of employees. To avoid litigation against these dismissed employees, the statutory redundancy procedure must be followed. It would be advisable to consider it in stages.
The first step in the procedure for reducing the number or staff of specialists is the adoption of an appropriate decision, as well as the subsequent approval of the amended staffing table. It is important to note that this decision can be made and issued exclusively by the employer.
How is the downsizing and reduction in the number of employees? Not less than two months before the planned start of layoffs in accordance with the reduction in staff, and if the planned layoff is massive, then not less than three months in advance, the employer issues an order (order) regarding the reduction in the number of specialists or staff in the structure . What information is included in this document? An order to reduce the number of staff or lay off some employees must necessarily contain the reason for the event. In addition, it establishes the persons responsible for the procedure and the timing of the implementation of the planned measures.
It must be remembered that the dismissal of an employee can be made only after his position ceases to be present in the staff list, but in no case due to the planning of such an exception in future periods. That is why dismissal to reduce the number or staff of employees should be carried out only after the approval of the amended staffing table or the introduction of innovations into the current one. It is important to note that changes in the staffing table or a new document are approved by means of an order (order) of the head of the structure. This paper must necessarily contain the date of entry into force of the amended staffing table.
It must be added that the order regarding the approval of the amended staffing table, characterizing the reduction in staff and the reduction in headcount, must be registered in the manner determined by the employer. For example, it can be a list of items in the register of orders (orders). It is important to know that one way or another the considered order must be brought to the attention of the employees of the enterprise or organization.
The second stage in the procedure containing the reduction in the number or staff of employees is a written notification of the state employment service about the upcoming release of employees. So, in accordance with the second part of the twenty-fifth article of the Law of Russia "On Employment in the Russian Federation", in the event of a decision related to a reduction in the number or staff of employees of a structure or an individual entrepreneur, as well as the possible termination of previously executed labor contracts, characterized by the scheme " employer-structure”, not later than sixty days, and “employer-individual entrepreneur” not later than fifteen days before the start of the planned activity, employers are required to provide up-to-date information in writing to the state employment service. Such a message should include the following information:
It is important to note that the downsizing and downsizing, as well as the subsequent appeal to the state employment service, one way or another, involves the submission of information by the head in relation to each potentially dismissed employee separately. It should be noted that the period for notifying the state employment service will increase significantly when a decision to reduce the number or staff of the structure's employees can lead to a mass dismissal of specialists from an enterprise or organization. It is important to know that in such a case, the notification of the state employment service related to the mass reduction of employees of the structure must be made no later than 3 months before the initial stage of the implementation of the planned procedure.
It must be remembered that a message sent to the state employment service, characterizing the reduction in the number (staff) of workers, one way or another is subject to registration in the manner determined by the employer. A striking example in this case is the entry of up-to-date information into the journal where outgoing documents are registered.
The third stage, which involves downsizing and reducing the number of employees, is nothing more than the identification of specific employees who cannot be fired in accordance with the law. In addition, employees who have some advantages are identified.
Thus, the Labor Code lists the key rights of an employee when reducing the number or staff. For example, article 261 of the Labor Code of the Russian Federation says that termination employment contract with pregnant women at the initiative of the employer is not possible. An exception here is the cases of termination of the activity of an individual entrepreneur or the implementation of a liquidation procedure in relation to an organization. In addition, the reduction in the number of staff (Labor Code of the Russian Federation) suggests that, at the initiative of the employer, it is prohibited to terminate the employment contract with the following persons:
In accordance with the 179th article of the Labor Code, dismissal due to staff reduction implies that the pre-emptive right not to leave one's own workplace have employees whose qualifications and labor productivity are higher. These provisions, one way or another, must be documented. Vivid examples of such confirmation can be data on the fulfillment of production standards, the quality of work performed, the absence of marriage, and so on, as well as documentation on education or the results of attestation.
Through Article 179 of the Labor Code, a specific list of specialists is established who are endowed with certain advantages in terms of leaving the workplace in connection with the liquidation, reduction in the number or staff, who have equal labor productivity and qualifications. So, in any case, preference is given to the following categories of specialists:
It is important to note that this is not the entire list of persons. In the event of a situation such as dismissal to reduce the number of staff, other categories of employees may be provided through a collective agreement, endowed with some advantages even with equal qualifications and labor productivity. One way or another, absolutely everyone must be taken into account in the process of reduction.
It is necessary to know that observance of the right related to preferential leaving at the workplace must in any case be documented. So, in a practical aspect, as a rule, a comparative table of a summary nature is formed. However, paper may be different. For example, a decision (minutes) of the commission containing a reduction in the number (staff) when the commission is being created.
The fourth stage in the procedure under consideration is a written notification (warning) of employees about the upcoming dismissal. This step of reducing the number or staff of the organization's employees involves a personal warning under the signature. It is important to note that the preparation of the relevant notice is carried out in two copies (one - to the employer, the second - to the potentially dismissed employee). In addition, it is necessary to register this message in the manner determined by the employer, for example, in the register of proposals and notifications of employees.
On the copy that remains with the employer, the employee should write that he has read the notice and received one copy of it. In addition, the specialist must sign and date the document.
It is important to know that a message about an upcoming reduction in staff or headcount is given to an employee or a group of specialists at least two months before the actual dismissal. It is necessary to pay attention to the fact that several other terms are established by law in terms of warning workers for their individual categories. For example, in accordance with Article 296 of the Labor Code, the employer undertakes to warn a specialist who is employed in seasonal work about the upcoming dismissal due to a reduction in staff or the number of employees of the structure in writing against signature no less than seven days on the calendar.
In accordance with Article 292 of Russian labor legislation, the employer undertakes to warn the specialist with whom the employment contract has been concluded for up to sixty days about the upcoming dismissal due to liquidation legal entity, reduction of staff or number of employees in writing under the signature not less than three calendar days in advance. It is important to add that the presented terms relating to the activities of an individual entrepreneur are determined exclusively through an employment contract.
The final note of this stage is that, with the written consent of the potentially laid-off employees, the employer terminates the employment contract with them before the notice period for the upcoming dismissal has expired, and at the same time pays them additional compensation, the amount of which is equal to the employee's average earnings, calculated in in proportion to the time remaining before the termination notice period expires.
The fifth stage in the procedure under consideration is the offer to the laid-off employees to transfer to another job. In accordance with Article 81 of the Labor Code, dismissal due to a reduction in the number or staff of specialists is allowed when the possibility of transferring an employee with his consent (executed in writing) to another job available to the employer is completely excluded. It is important to note that the employer undertakes to offer the specialist all vacancies that meet the relevant requirements and are available in a certain territory. The employer undertakes to offer vacancies in other areas only when such a situation is provided for by agreements, as well as by a collective or labor agreement.
It is important to note that it is recommended that in the proposal for vacancies, indicate the period during which the employee needs to resolve the issue, agree to the transfer or refuse it. It should be noted that the proposal for transfer to another workplace is drawn up in two copies (one - to the employer, the second - to the potentially transferred employee). In addition, it is recorded in the order determined by the employer, for example, in the register of proposals and notifications of employees.
It must be added that the specialist must write on the copy of the employer that he has read the offer and received one of the copies, as well as put his signature and the date of receipt of the document.
Further development of events can occur in one of the following ways:
The subsequent stages of the work of the procedure considered in the article are not as large-scale as the previous ones. Among them, the following points remain relevant today:
Start with the fact that downsizing workers and downsizing - not the same thing. At the same time, termination of an employment contract in the event of a reduction in the number or staff of employees is one of the most complex and time-consuming processes, which increases the risk of labor disputes. Consider the aspects that will help to carry out the reduction procedure in accordance with the requirements of the law.
As one of the grounds for terminating an employment contract at the initiative of the employer, the Labor Code of the Russian Federation provides for a reduction in the number or staff of employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). The legislator separated the terms "downsizing" and "downsizing", but did not directly define the differences between them.
What is the staff of an organization? Its signs are contained in paragraph 2 of part 2 of Art. 57 of the Labor Code of the Russian Federation and Instructions for the use and filling out forms of primary accounting documentation for accounting for labor and its payment, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1. The staffing table (unified form T-3) regulates:
organization structure (list of structural units)
staffing (names of positions, specialties, professions, indicating qualifications);
staffing(number of staff units).
In paragraph 2, part 2, Art. 57 of the Labor Code of the Russian Federation, the labor function of an employee is defined as "work according to the position in accordance with the staff list, profession, specialty, indicating qualifications." Thus, a reduction in staff is an exclusion from the staff list of any position, labor function. Reducing the number of employees - reducing the number of employees in the organization. For example, an organization employs ten accountants, and five are required. In this case, five staff positions are reduced, although the position of "accountant" itself remains in the staffing table.
The desire of the employer to keep the most qualified employees in the company is quite understandable. Nevertheless, it is necessary to strictly observe the rights of employees who have benefits upon dismissal (Article 179 of the Labor Code of the Russian Federation). Before making a decision on reduction, it is necessary to compare employees. It must be justified and documented.
An extract is issued for each candidate for reduction. It reflects the information by which employees will be compared. For each position, a comparative table of criteria is compiled, according to which employees are evaluated. To take into account the pre-emptive right to leave at work, by order of the head, a commission is created to reduce staff. It includes at least three people. If there is a trade union in the organization, then a member of the trade union must be included in the commission. The commission considers the information submitted for each candidate for dismissal and makes a decision on the pre-emptive right to remain at work, which is drawn up in the form of a protocol.
Conventionally, the procedure for compiling a list of laid-off workers can be divided into four stages.
The Labor Code lists the categories of employees who have guarantees in case of a reduction in the number or staff of employees. Dismissal is not allowed (Article 261 of the Labor Code of the Russian Federation):
pregnant women;
women with children under the age of three;
single mothers raising a child under the age of 14 (a disabled child under 18);
other persons raising these children without a mother.
In accordance with Art. 179 of the Labor Code of the Russian Federation, employees with higher labor productivity and qualifications have the right to preferential retention at work. Labor productivity is the fulfillment by the employee of the norms of production, plan, specific tasks. When evaluating labor productivity, it is necessary to take into account:
fulfillment and overfulfillment by the employee of labor standards, plans established for him;
ensuring the smooth operation of equipment;
economical use of resources;
the number of marriages, customer claims, unsuccessfully completed tasks, violations of the law;
observance or reduction of terms of performance of works;
promotions;
disciplinary sanctions related to poor performance of official duties.
Please note: when evaluating labor productivity, you should not use an assessment of the employee’s personal qualities, such as communication skills, persuasion skills, organization, purposefulness, etc. The assessment of personal qualities allows a management specialist by human resourses predict the future behavior of an employee. The requirements of the Labor Code are aimed at studying and analyzing labor activity employee, that is, his past is evaluated.
Evaluation of employee productivity, the results of which have quantitative indicators, can be based on data on the implementation of labor standards. How can productivity be assessed if labor cannot be accurately rationed? In such a situation, you can use key indicators efficiency.
To assess labor productivity, you should use:
data on the fulfillment of labor standards (piecework orders);
imposing orders disciplinary action, instructions of regulatory authorities;
certificates, records of promotion in the work book;
nominations for the award.
The level of qualification of an employee is the degree and type of professional training of an employee, whether he has the knowledge, skills and abilities necessary to perform a particular job. The higher qualification of the employee is evidenced by:
level of education (primary, secondary, higher professional, second);
academic degree, academic title, etc. (if it matters for the position);
level of knowledge foreign language(if required for the performance of official duties);
an experience practical work(length of service).
With equal labor productivity and qualifications, preference is given to employees:
family - in the presence of two or more dependents;
persons in whose family there are no other self-employed workers;
employees who received an industrial injury or occupational disease while working in this organization;
invalids of the Great Patriotic War and invalids of military operations for the defense of the Fatherland;
employees who improve their skills in the direction of the employer on the job.
The legislation also establishes other categories of persons who are guaranteed the right of priority to remain at work in the event of a reduction in the number or staff. This right may be exercised by:
citizens who received or suffered radiation sickness and other diseases associated with radiation exposure due to the Chernobyl disaster or with work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant, disabled people due to the Chernobyl disaster (clause 7, article 14 of the Law of the Russian Federation dated May 15, 1991 No. 1244-1 "O social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant");
Heroes of the Soviet Union, Heroes of the Russian Federation and full cavaliers of the Order of Glory (part 1 of article 8 of the Law of the Russian Federation dated 15.01.93 No. 4301-1 "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full cavaliers of the Order of Glory");
citizens who lived in 1949-1963. in the settlements of the Altai Territory and the former Kazakh SSR, included in the lists of settlements exposed to radiation due to nuclear tests at the Semipalatinsk test site, and which received a total (cumulative) effective radiation dose of more than 5 cSv (rem) (clause 10, article 2 federal law dated January 10, 2002 No. 2-FZ “On social guarantees citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site");
officials and citizens admitted to state secrets on a permanent basis (part 6 of article 21 of the Law of the Russian Federation of July 21, 1993 No. 5485-1 "On State Secrets");
inventors (Part 5, Article 35 of the Law of the USSR dated May 31, 1991 No. 2213-1 “On Inventions in the USSR”).
In addition, the spouses of military personnel have the right to preferential retention at work in government organizations and military units; citizens discharged from military service and members of their families have the preferential right to remain in the job they entered for the first time; single mothers of servicemen (clause 6, article 10, part 5, article 23 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Servicemen”).
After identifying employees who have been granted guarantees and the right of preferential retention at work, a list of those who are subject to dismissal is compiled. They are notified of layoffs and other job offers. When carrying out the reduction procedure, it is important to follow the dismissal procedure established by the Labor Code of the Russian Federation. However, when reducing certain categories of workers, special legal requirements must be taken into account.
Reducing workers under the age of 18 in addition to compliance general order dismissal is allowed only with the consent of the relevant state labor inspectorate and the commission for minors and the protection of their rights (Article 269 of the Labor Code of the Russian Federation). Representatives of employees participating in collective bargaining during the period of such negotiations cannot be reduced without the prior consent of the body that authorized the representation, with the exception of cases established by the Labor Code of the Russian Federation (part 3 of article 39 of the Labor Code of the Russian Federation).
Representatives of employees participating in the resolution of a collective labor dispute cannot be reduced without the prior consent of the authorized body (part 2 of article 405 of the Labor Code of the Russian Federation). The reduction of the heads of trade unions and their deputies who are not released from their main work is allowed, in addition to the general procedure for dismissal, only with the prior consent of the trade union (Articles 373 and 374 of the Labor Code of the Russian Federation).
It is forbidden to lay off workers (part 6 of article 81 of the Labor Code of the Russian Federation):
during a period of temporary disability;
during vacation.
Note that the termination of the contract for reduction takes place only if it is not possible to transfer the employee with his written consent to another job available to the employer (part 3 of article 81 of the Labor Code of the Russian Federation). At the same time, the reduced employee cannot apply for any vacant position. The proposed vacancy must correspond to the qualifications of the employee. If there is no such job in the organization, the employer is obliged to offer a lower or lower paid position corresponding to the state of health of the employee. The employer is not obliged to offer a free vacancy that requires qualifications that the employee does not have (higher or other qualifications). Qualification requirements are determined by the job description.
The former employee has the right to apply to the court with a claim to recognize the dismissal as illegal. Then the obligation to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal rests with the employer (paragraph 23 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).
In the event of a labor dispute regarding reinstatement, the court will consider evidence confirming:
compliance with the order of reduction;
accounting for the pre-emptive right to stay at work;
meeting the deadlines for notifying employees, the trade union;
compliance with the written form of notification of employees, trade union;
a written offer of another job.
In conditions of financial instability, many employers have a forced need to optimize cash costs, as a result of which one of the solutions is to reduce the number or staff of employees.
Possible errors in the reduction procedure regulated by legal norms can lead to negative consequences for employers. And first of all - to litigation with employees and additional financial costs to the organization. Let's analyze the most pressing issues.
In the Labor Code of the Russian Federation, two terms are mentioned when dismissing employees for layoffs: reduction in the number and staff of employees. What is meant by these concepts?
There is no official explanation of the concepts of "downsizing" and "downsizing" at the legal level. Concerning terms are interpreted differently. Even in jurisprudence.
First point of view. Reduction of staff is the exclusion of the position itself from the staff list (for example, the exclusion of the position of a specialist). Downsizing - a reduction by a certain number of staff units for one position (for example, the staffing table provides for three “specialist” staff units. When the number is reduced, one remains).
Second point of view somewhat different. With a reduction in staff, the number of staff units is reduced or the position itself is excluded (partially, as in the first case), and with a reduction in the number of employees, the total number of employees is reduced without reference to a specific position.
Does the employer have to justify his decision to reduce the number / staff?
According to the Labor Code of the Russian Federation, such an obligation of the employer not provided. Let's look at the rulings of the courts.
In paragraph 2, clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (as amended on September 28, 2010) it is said that the employer, in order to effectively economic activity and rational property management independently, under its own responsibility, makes personnel decisions (selection, placement and dismissal of personnel). It can be concluded that the employer does not have to justify decision.
But later, the Supreme Court of the Russian Federation in the Ruling of December 3, 2007 No. 19-В07-34 expressed other position: the employee was fired due to a reduction in staff, with which he did not agree, motivating his point of view by the fact that there was no real reduction in staff, including his position (it was excluded from the staff list, but in fact the same duties were transferred to another employee) . The decision of the court of first instance states that the court is not entitled to enter into a discussion of the advisability of reducing staff and redistributing duties between employees. Having considered the materials of the case, the Supreme Court of the Russian Federation came to the conclusion that the court’s erroneous argument that the court should not check the validity of the employer’s decision to reduce the staff of employees, and sent the case, together with the supervisory appeal and the ruling, to the supervisory court for consideration on the merits. Based on this, we recommend that in the order to reduce the number / staff of employees, justify the decision to reduce.
Which of the laid-off workers can count on the preferential right to remain at work in the event of a reduction in the number or staff of employees?
The preferential right to leave at work, provided for in Art. 179 of the Labor Code of the Russian Federation, it is applied if the number of staff units of one position is reduced (for example, one out of three accountants should be reduced), and if we are talking about the exclusion of all units in one position, then the question of preemptive right is not raised.
However, in the title of Art. 179 of the Labor Code of the Russian Federation, there is a reduction in both the number and staff of employees. When reducing the position as a whole, Art. 179 of the Labor Code of the Russian Federation is applied in the event that there are vacancies suitable for all laid-off employees, and the number of vacancies is less than the number of employees. In this case, vacancies should first be offered to employees who have a preferential right to remain at work.
How to determine an employee with higher labor productivity and qualifications? In practice, the level of vocational education, work experience, advanced training courses, business and personal qualities worker. The employer can independently determine the criteria and evaluate employees, provided that the decisions taken are documented.
Is it possible to lay off an employee who is on parental leave?
First of all, let's look at Art. 261 of the Labor Code of the Russian Federation. Labor law provides additional protection women with children under three years of age: they cannot be fired due to downsizing or downsizing. Even if the written consent of the employee is obtained, the dismissal (in the case of going to court) will be declared illegal.
But what about the employer, if he actually no longer needs this position? It may be possible to negotiate with the employee on dismissal by agreement of the parties. Termination of an employment contract on this basis is also allowed with women who are on parental leave. Otherwise, the employee remains "outside the state" until the child grows up.
Also, not only the mother, but also another family member can be on parental leave.
Can this worker be made redundant? In accordance with the norms of Part 4 of Art. 256 of the Labor Code of the Russian Federation for the period of parental leave, the employee retains his/her place of work (position). It is not allowed to dismiss an employee at the initiative of the employer during his stay on vacation. Based on this, we conclude that the reduction of the grandfather, which is located in vacation child care is unacceptable, although he is not included in the list of workers listed in Part 4 of Art. 261 of the Labor Code of the Russian Federation, with which it is impossible to terminate the contract by reducing the number / staff. The conclusion is confirmed by judicial practice.
Is it possible to dismiss an employee for reduction during his sick leave? If an employee falls ill during the redundancy warning period, is the statutory period extended by two months?
The direct answer to the first question is contained in part 6 of Art. 81 of the Labor Code of the Russian Federation: it is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activities individual entrepreneur) during the period of his temporary incapacity for work. But in practice, sometimes there are difficulties.
But what if the employee is sick when the date of dismissal approaches? If you do not fire him on the day on which the 2-month notice period for dismissal expires, then what to do next? It is necessary to wait until the employee returns to work (albeit later than the date of the planned dismissal), and then make the dismissal under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation.
If the employee falls ill during the notice period for the reduction, then this period is not extended, not shifted (such a procedure is not provided for by the Labor Code of the Russian Federation). The employee leaves after illness and continues to work until the scheduled date of dismissal.
EDITOR'S NOTE
For example, Determination of the Irkutsk Regional Court of November 27, 2014 No. 33-9762/2014.
Is the pensioner entitled to a reduction in the average earnings for the period of employment for the third month?
This issue is no longer controversial. For the third month, the benefit is due if the employee, within two weeks after the dismissal, was registered with the employment service as unemployed and was not employed by the time of the expected payment. This benefit applies to the unemployed.
Dictionary
Unemployed- able-bodied citizens who do not have work and earnings, are registered with the employment service in order to find a suitable job, are looking for work and are ready to start it (clause 1, article 3 of the Law of the Russian Federation of 19.04.1991 No. 1032-1 "On employment of the population in the Russian Federation" (as amended on December 22, 2014; hereinafter - Law No. 1032-1)).
Many enterprises are forced for a number of reasons to engage in the optimization of production and personnel. In this regard, most people are worried about the reduction in the number or staff of workers. What is the difference between such procedures, few people understand well enough. This can lead to labor disputes between employers and dismissed personnel.
Private and state enterprises sometimes forced to resort to the dismissal of employees by reduction. It is also often necessary to eliminate staff units. These two procedures have a big difference.
Every organization has its own staff. Such a document is officially approved, and according to it, employees are recruited for the enterprise. The difference between downsizing and downsizing lies in the reduction of the employee, and not his position, in other words, the staff unit.
A reduction in the number of working personnel implies the dismissal of an employee due to a large number of working personnel or in connection with excessive financial expenses for payment. However, the position remains on the staff list.
For example, a company has 5 accountants, and management decided to keep only 4 specialists and cut 5 employees.
Another thing is when they reduce the staff unit. Changes are made to the documentation, but the position is not eliminated. The new document will not differ from the previous one by the total number of official points. It is better to consider an example: 3 economists were included in the staffing table, but for certain reasons the organization decided to make changes and leave only 2 economists and introduce 1 more accountant. The total number of employees in the state remained the same, but there were fewer economists by 1 position.
There are certain norms of TK, according to which certain categories are not subject to staff reduction and reduction in number. Can't be fired:
Also, workers who are on vacation or sick during this period, and they have a confirming medical document, cannot fall under the reduction.
The employer must wait for these employees to go to work and only then make a calculation on the last day actually worked.
During the downsizing, the organization grants the preferential right to retain a regular position to certain categories of workers. It includes highly qualified personnel who constantly improve their professional level, employees with higher specialized education. This also applies to:
Many enterprises approve the Collective Agreement, which provides for a list officials, specialists with some advantages over others. According to the Labor Code of the Russian Federation, pensioners with long work experience who have shown themselves to be highly qualified specialists enjoy preferential benefits. If it is not possible to keep the job, then they are entitled to all the stipulated payments.
Regardless of the reasons for the decrease in the number of workers, the procedure for carrying out all actions is the same. The organization is obliged to notify the employment center in writing 90 days before the start of the reduction. If a single reduction is made, then this is not necessary.
Prior to the start of the reduction of all employees in the state within 60 days, the company informs all persons in the form of a special dismissal. It indicates the exact date of reduction and the position to which the dismissed person can be transferred. With the consent of the employee, an order is issued to transfer him. If he refuses to move to the proposed position, then the refusal is drawn up in the form of an act.
The company should issue an official decree to change the staffing table. In this document, the dismissed employee puts his signature. On the day of reduction, the employee must sign the dismissal order. He gets his hands on work book and the administration makes a full settlement with him.
In the event of a vacancy, the dismissed employee must be offered it. The administration should inform him about it. Trade union bodies must be notified of the forthcoming reduction.
All laid-off employees are guaranteed to receive compensation payments and severance pay for the agreed period of employment:
The administration of any organization must coordinate all issues on the reduction and dismissal of its workers with trade union committees, and trade union leaders must ensure that there are no violations of the rights of employees who are planned to be fired.
What is the difference between downsizing and downsizing?
Staff reduction often found in public institutions and in private companies.
It seems to some that the reduction of staff, positions, units is one and the same.
Downsizing refers to a procedure in which one or more positions are removed from the staffing table. Consider an example.
In the financial department of the institution there is a cashier's rate. Wages it was decided to transfer employees to bank cards, there is no need for a cashier position.
AT staffing a change is made, the position of the cashier is reduced. If the institution has three cashiers, then they will all be fired.
What is the difference between downsizing and downsizing? Downsizing involves a quantitative change in the staff units of one of the posts. For example, in social institution 20 educators.
Some of the children have been transferred to foster families, the number of groups has decreased. 12 teachers are enough to serve them. In this case, the position of educator remains, but their number decreases. 8 teachers will be fired.
Is there a difference for the employer and the laid-off employee in these concepts, what is better for them - downsizing or downsizing? At first glance it doesn't seem to be. Reduction in both cases implies the loss of work. And yet there is a difference.
For the employer, the procedure for downsizing is easier. When reducing the position as a whole, the employer does not need to choose, he dismisses one or all employees working in the reduced position.
When reducing one or more units, it is necessary to reasonably explain to the dismissed employees why the choice fell on them.
The employer has the right to leave the most promising, qualified specialists.
For employees, layoffs are more acceptable: they have the opportunity to prove their advantage over the rest and not lose their positions.
Some employees who have been laid off may continue their activities in the institution if they agree to change positions. The proposed replacement may be lower in status or less paid. The head of the enterprise should not transfer an employee from one position to another without his voluntary consent.
What is the difference between downsizing and downsizing, figured out. And if there are those who cannot be fired in both cases?
Russian legislation (Article 61, 65 of the Labor Code of the Russian Federation) provides for a category of employees whose social and marital status does not allow them to be fired upon reduction.
The law prohibits the dismissal of women if they:
It is considered a violation of dismissal:
Also provides priority right to keep the job during the reduction. Have the advantage:
Attention! Labor Code The Russian Federation provides pensioners with an advantage in retaining their position if the employee is a highly qualified specialist with good performance and many years of experience. In the event of inevitable dismissal, the Law guarantees pensioners all payments due.
Are there any differences between downsizing and downsizing in terms of the legislative execution of these actions?
How, without violating the Law, to carry out the reduction procedure so that in the future there will be no appeals to the judicial authorities? The downsizing and the number of units provide for the same termination procedures and the same compensation payments.
Is there a difference between downsizing and downsizing in terms of post-employment benefits? The dismissed receive severance pay and compensation payments for the period of employment.
Attention! If your rights are violated, contact the labor inspectorate or write a statement to the court. After examining the documents and listening to the testimony, the judge will decide whether to reinstate you in your previous position and pay you money for forced absenteeism or confirm the legality of your reduction.
The administration always coordinates the reduction of personnel with the trade union committee. When carrying out the reduction procedure, the manager examines all available documents on education, passing advanced training courses.
The characteristics of the heads of departments and the results of attestations are taken into account. Particular attention is paid to labor productivity, rewards for success in work, the absence of comments and violations of discipline.
If you meet all these requirements, every manager will be interested in keeping you at the enterprise. If the reduction is unavoidable, study your rights and duties of the administration well. This will help avoid mistakes when dismissing.
We hope you understand the difference between staff reduction and headcount, the differences between these concepts. This will help you choose best option if necessary.
