How to fire a redundant employee. Downsizing: detailed instructions for use

Reduction of staff- a procedure that requires compliance with certain rules and the implementation of the necessary payments from the employer. What is the procedure for dismissal due to redundancy, what documents need to be issued, who cannot be reduced, what compensation and payments should the employer pay when reducing an employee? These questions will be discussed in the article below.

The procedure for laying off an employee

If the organization decides to reduce staff units or a whole staff, then this process must be properly formalized, the dismissal must be subject to certain rules, and the employee must be paid a number of compensation payments. First of all, it is worth noting that the reduction in the number of employees implies a decrease in staff units one or more positions, and downsizing is the exclusion from the staff of the position completely. For example, the staffing table states that the organization has an accountant position in the number of staff units of 5 people, staff reduction will mean the exclusion of the accountant position completely, that is, the organization is left without accountants. If only the number is reduced, for example, by 2 staff units, then this only means a decrease in 5 accountants to 3.

Employees who cannot be laid off

When carrying out the dismissal procedure, it should be remembered that there are categories of employees who cannot be dismissed by reduction. These include:

• Pregnant;
• Women with children under 3 years old;
• Single mothers raising children under 14 years old (if the child is disabled, then up to 18 years old);
• Other persons raising a child without a mother;
• The only breadwinner in a family with a disabled child under 18;
• The sole breadwinners of a large family (3 or more young children) with a child under the age of 3 years.

The above persons are not allowed to be fired at the request of the employer. This is clearly spelled out in the Labor Code of the Russian Federation, Article 261. How is the redundancy process going?

The procedure for layoffs for downsizing

The employee reduction procedure begins 2 months before the expected date of dismissal.

First of all, an order is issued to reduce the staff or number of employees. The order prescribes the positions that are subject to reduction, the number of staff units that need to be fired.

Simultaneously with the above orders, a Notice of termination of the employment contract is created in connection with the redundancy dismissal. This document should contain a surname list of employees to be dismissed. All employees who have been made redundant must read the Notice. In front of his last name, everyone must put his signature.

According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to offer employees who are dismissed for redundancy another vacant position, if any. Moreover, it is possible to offer a position that will be lower than the one he occupied before the reduction, but the employer is not obliged to offer a position higher than the one occupied.

The offer to the employee of vacant positions must also be documented, for which a Notice is issued indicating the available vacancies. The employee must familiarize himself with this document and put his signature as a sign of consent or refuse the proposed positions also in writing in the Notice.

The employer's next step in the downsizing procedure will be to issue a notice to the employment service. The notification form can be found in Appendix No. 2 to the Decree No. 99 of February 5, 1993. You must also notify the employment service 2 months before the date of dismissal.

Note that the article stated that Required documents and notices must be issued 2 months before the proposed layoff for reduction. But if a reduction in the number or staff of employees is planned on a massive scale, then the period is increased to 3 months.

It is better for the employer to follow the procedure for reducing employees specified in the article. With errors in this procedure (through ignorance or intentionally), very often competent employees begin to defend their rights through the courts and, as a rule, win such disputes.

Often, in order to stay afloat, enterprises are forced to reduce employees or amend the staff list, excluding certain positions from there.

In such a situation, in order not to attract the attention of regulatory authorities, it is important to adhere to the rules labor law. We will introduce you to the main ones in this article. You will find answers to questions: what category of workers cannot be reduced, how the selection and the reduction itself take place, what payments are due, and so on.

“Reduce cannot be fired”: we place commas correctly

Reducing the staff (amending the staff list) or the number of employees is a legitimate reason for the subsequent termination of the employment contract.

This clause, in particular, is provided for by clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation.

If an employee falls under this category, dismissal is still unavoidable. However, despite the fact that the employer has the right to independently resolve issues related to the number of personnel and its optimization, the labor legislation contains a number of restrictions regarding the dismissal of certain employees.

Such increased "protective measures" are provided for:

• pregnant women with staff reductions - an unconditional ban, stipulated by Article 261 of the Labor Code of the Russian Federation. Until the moment when all maternity leave ends, that is, in fact, until the child reaches 3 years old, it is allowed to dismiss an employee only in two cases: when the organization itself is liquidated or if it is not possible to transfer a woman to light work due to her position;
• single mothers raising a child under 14 years old (if the child has a disability - up to 18 years old). Single fathers have similar rights;
• employees who are on vacation or receiving medical treatment.

By agreement, you can dismiss:

• workers of minor age (approval of the GIT plus commissions for the protection of the rights of minors is required);
• members of the trade union (approval of the primary trade union organization is required, article 82 of the Labor Code of the Russian Federation).

In addition, there is a list of employees who are given the preferential right to remain in their workplace during the reduction. In accordance with Article 179 of the Labor Code of the Russian Federation, preference should be given to those employees who have more high performance or qualification.

If it is difficult to make a choice in favor of one or another employee due to similar indicators, the Labor Code of the Russian Federation proposes to be guided by certain features.

In particular, you need to take into account:

• whether the employee has dependents, disabled family members, two or more children;
• whether the employee is the sole breadwinner in the family;
• whether the employee has an occupational disease or injury received at work;
• whether the employee belongs to the category of invalids of military operations;
• whether they comply with the requirements for professional development.

In life, of course, things do not always happen this way.

However, this is enshrined in Labor Code the requirement can be used as a basis for asserting one's own rights in court.

In this case, you will only need to prove that you work better, and your productivity differs from other employees who have remained in the state, an order of magnitude higher.

The only time when the age of an employee can be a reason for a reduction is the civil service, where the requirements are set at the level of federal law.

The reduction process: stages and their features

Since the labor legislation does not say in detail about the procedure for dismissal, on the basis of the Labor Code of the Russian Federation, a number of by-laws and generalizations from judicial practice We have drawn up a plan of action.

What should an employer do when laying off staff?

• Making a decision related to the procedure. Economic justification the expediency of the latter. This is a preliminary stage, which does not involve the preparation of official documents.
• Amendments to the existing staffing table or drawing up a new one.
• Issuance of an order (regarding the approval of the new schedule, the start of the reduction procedure, indicating the reasons and positions falling under it). Subsequently (after the completion of the procedure), you will need to draw up an order for the development job descriptions in accordance with the changed staffing table.
• The choice of employees subject to the planned reduction, taking into account the provisions of the Labor Code of the Russian Federation, stipulating the preemptive right of employees to remain in the company (see above).

• Notifying employees of upcoming layoffs. This is done in writing, against signature, two months before the actual reduction (with a short-term contract - three days, seasonal work - one week). With the consent of the employee, the termination of the employment contract may follow a little earlier. In this case, the employee is paid additional compensation, equal to the size wages for days that were unworked.
• Sending relevant notices to the employment service and the trade union, drawn up in any form.
• The offer to employees of vacant positions (this includes both qualified jobs and lower, lower paid jobs) that can be occupied by the employee and meet his state of health. In other words, the employer must offer all the vacancies that he has available and free. Creating new jobs to keep the state in this case is not appropriate.
• Directly issuing an order regarding dismissal (form T-8) ();
• Preparation of the calculation, other payments provided by law in case of redundancy, plus the issuance of a certificate of the employee's earnings (at his request).
• Making entries in the work book, personal card.
• Issuance of the calculation and all documents on the last day of work of the dismissed employee.

What payments are due to the laid-off employee

First of all, this is the receipt of a full calculation, i.e. wages for the last month and monetary compensation for vacation, if any current year has not been previously used by the employee. All bonuses due to the reduced employee are also subject to calculation and payment.

In addition to the funds earned by the employee (their compensation), he is paid severance pay, the amount and procedure for the provision of which are established by the 181st article of the Labor Code of the Russian Federation. All payments must be made no later than the last business day. On the same day, the employee is given his work book.

In the absence of agreement between the employee and the employer on the amount of payments, the employee is paid its uncontested part.

The legislation also provides for the retention of wages for the period of employment of a laid-off employee.

This rule applies to a two-month period starting from the day of dismissal, but can be extended for another month. To do this, the employee must contact the employment service immediately after the reduction (no more than two weeks from the date of termination of the employment contract). When unable to find a new workplace, payments of the average salary will continue up to a three-month period.

What you need to receive funds for the second and third month

An employee who has fallen under the reduction must submit a passport and work book to the employer. In this way, he will be able to confirm that he is not yet employed and cannot provide for himself. When receiving funds for the third month, a decision from the employment service will be required.

Dismissal and conflicts: where to go

If there is a dispute about dismissal, the employee can go to court. In accordance with the 1st part of the 392nd article of the Labor Code of the Russian Federation, he is given one month for this from the moment he receives a copy of the dismissal order (work book).

The statement of claim may be accepted by the court later - subject to the presentation of documents confirming that the violation of the deadlines was caused by the presence good reasons. Read more about this.

A considerable number of documents will have to be issued by the personnel officer if the organization is undergoing a procedure for reducing the number or staff. At the same time, there are documents that he will have to draw up in any case, and there are those that are drawn up only in some situations, but also quite often.

Main content of documents

As the theater begins with a hanger, so “organizational” actions begin with an order, on the basis of which reduction measures will be carried out and the necessary documents will be drawn up. The reduction order (and / or staff) must contain the date of the proposed reduction, since the employer is obliged to notify employees who will be affected by this at least two months in advance. Looking at the resolution of the State Statistics Committee dated 05.01.2004 No. 1 “On approval unified forms primary accounting documentation for the accounting of labor and its payment "and making sure that standard form there is no such order, we draw it up in an arbitrary form (see Example 1).

Read about the reduction procedure through the eyes of judges in the article "The procedure for reducing the staff of an organization: judicial practice"

Note

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Downsizing and downsizing are two different things. When reducing staff from staffing the position or profession is excluded (for example, driver). By reducing the number, the personnel officer only reduces the number of staff units that occupy a certain position (or work by profession). At the same time, the position (profession) itself remains (for example, there were five drivers, and after the reduction in their number, two remained).

Therefore, in practice, there may be:

• downsizing and downsizing;
• downsizing (when only vacancies are excluded from the staff list);
• downsizing.

Example 1

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The next step is to prepare notices of upcoming reduction for employees (see Example 2) and employment services (see Example 3). Employees should be notified in writing and under a personal signature no later than two months before the planned termination of the employment contract; if the dismissal is massive, then at least three months in advance (Article 180 of the Labor Code of the Russian Federation).

To notify the employment service orders paragraph 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in Russian Federation". This must also be done no later than two months before the start of the reduction (if the layoff is massive, then at least three months in advance), indicating the position, profession, specialty, qualification requirements and conditions of remuneration of workers. Criteria mass layoffs are determined in sectoral and (or) territorial agreements. If they are not in the relevant agreements, one should be guided by the Decree of the Government of the Russian Federation of February 5, 1993 No. 99 “On the organization of work to promote employment in conditions of mass release”.

The law does not specify which territorial body should be notified - at the place of registration of laid-off workers or at the location of the employer. However, the Decree of the Moscow City Statistics Committee of May 26, 1997 No. 4 “On Approving the Form of Regional State Statistical Observation” approved the form according to which information on employees laid off in the process of reduction (liquidation of the organization) should be submitted to the employment service at the place of registration of the organization. See Example 3 for filling out the form. In other regions, forms approved by local statistical monitoring bodies are valid. If there is no approved form, the notification can be drawn up in any form (see Example 4).

Example 2

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Example 4

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Since the unemployment benefit for the laid-off worker will be calculated based on the average earnings received by him over the past three months, the employment service requires the provision of a relevant certificate from the place of work. As a sample, you can take the form of a certificate of average earnings, approved by order of the UGSZN of the city of Moscow dated August 10, 2007 No. 172.

Learn more about compiling a certificate of average wages for employment agencies, read the article "We issue a certificate for the employment service" on page 44 of magazine No. 9 "2012

On the last working day (aka the day of dismissal), the personnel officer fills out the dismissal order to reduce the number and / or staff in the form No. T-8, approved by the Decree of the State Statistics Committee of Russia dated 05.01.04 No. 1 (Example 5), and makes an entry in the work book (Example 6). The final settlement of wages and other payments due to him on the date of dismissal is carried out with the employee (part 4 of article 84.1 of the Labor Code of the Russian Federation).

Example 5

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Example 6

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What else might be needed

What other documents in some cases will have to be issued by the personnel officer during the reduction? So, if the employee refuses to sign the notice of reduction, an act should be drawn up (see Example 7). This paper is drawn up in the presence of two witnesses and is proof that the employee was notified of the upcoming dismissal.

In addition, if an organization has an elected body of a primary trade union organization (hereinafter referred to as PPO), it is required by law to notify it as well (Example 8). According to Art. 82 of the Labor Code of the Russian Federation, this must also be done no later than two months (with mass release employees - at least three months) before the proposed dismissal.

If the employee being laid off is a member of a trade union, then the notification should be sent to the elected body of the PPO before the issuance of the order and a reasoned opinion should be requested in the manner prescribed by Art. 373 of the Labor Code of the Russian Federation.

In conditions where an employee is simultaneously the head (deputy head) of an elected collegial body of the PPO, an elected collegial body of a trade union organization of a structural unit of an enterprise (not lower than the shop floor and equivalent to them), he can be dismissed only with the prior consent of the corresponding higher elected trade union body(Article 374 of the Labor Code of the Russian Federation).

Losing a job is not exactly a pleasant moment. This may happen according to own will. Often there are layoffs due to redundancy. The payment of benefits in this case is guaranteed by law. The procedure for leaving work for this reason has its own characteristics.

concept

Reduction of staff is a procedure enshrined in law. Dismissal in this case should occur according to the Labor Code of the Russian Federation. Failure by the employer to fulfill its conditions entails the reinstatement of the employee to the position.

In addition, the employer must pay wages for the unlawful dismissal for the entire time of absence. Often disputes over work are resolved in court. Moreover, the side of former employees is often taken.

Rules of law

Issues related to reduction are regulated by the Labor Code of the Russian Federation. Based aspects are present in:

1. Art. 178 and 179 - requirements and order.
2. Art. 261 - guarantees.
3. Art.296 - provisions on the reduction of seasonal workers.

Rights

The rights of the employee in case of staff reduction are protected by law. Some employees are provided with guarantees that protect against dismissal. They can be reduced only upon liquidation of the institution. There are some categories of people who are given a priority right to remain in office. Therefore, if it is liquidated, the employer must offer the person another job.

Enjoy the benefits:

1. Employees who have been ill or injured as a result of their work.
2. Persons who are dependent on 2 or more disabled people.
3. Employees who are considered the sole breadwinners in the family.
4. War invalids.
5. Workers who improve their skills.

For example, a person is considered the only one in the family who brings income. In case of liquidation of the position, the employer is obliged to offer him another vacancy.

Reduction Features

Dismissal may be carried out due to a reduction in staff or the elimination of a position. These procedures have their own characteristics. By law, management is not required to provide arguments that led to such events. But he still has to provide the reasons for the excess of personnel.

Staff - the total number of positions in the firm. Its reduction is often independent of management. But still, the norms of the Labor Code of the Russian Federation must be observed. In some cases, the reduction does not involve layoffs, but only the redistribution of employees. It can also apply to a specific position. Then a new schedule is drawn up, where there are no old posts.

The dismissal can affect all employees. This also applies to pensioners. The payment of benefits is guaranteed by law. For example, a person registers with the employment service in order to receive income, and in the meantime is looking for new job. A minor can be dismissed only with the complete liquidation of the institution, as well as with the permission of the State Inspectorate. In other cases, it is illegal to deprive people under 18 of their jobs.

Description of the procedure

There is a procedure for layoffs to reduce staff. When it is carried out, there is no reason to go to court because of illegal actions. The procedure is as follows:

1. An order is created. It should contain lists of positions that need to be reduced. The persons responsible for this procedure are also indicated. The form of the document is arbitrary.
2. A new schedule is drawn up based on Form No. T-3. It indicates the number of staff units, positions, rates and salaries.
3. An order is issued on the basis of the introduction of the staffing table. The document informs employees about the beginning of its action.
4. Candidates' personal files are being considered. A commission is organized to analyze the advantages of people. Based on the results, a protocol is drawn up, which indicates the conclusions about the impossibility of dismissing employees.
5. An alert is issued to employees about an upcoming event. All persons indicated in it must read and sign.
6. Those employees who decide to terminate the contract ahead of schedule need permission for early termination. It is sent to the employer in writing.
7. The notification is then sent to the employment center and the trade union.
8. If the employer has vacancies, the laid-off workers can fill them.
9. After all issues are resolved, an order of the form No. T-8 is issued to terminate the contracts.
10. Entries are made in work books, where paragraph 2 of part 1 is indicated
11. Employees get paid. Income statements for 2 years can also be provided.

This is the procedure for dismissal to reduce staff. If an employee who is registered with the military was fired, the management is given 2 weeks to notify the military registration and enlistment office about this. When reducing the person from whose income the funds were paid under the writ of execution, then the bailiff should be notified about this.

Notification

Only after notification should there be a dismissal due to staff reduction. The payment of benefits will be a legal measure of social protection of citizens. The notice must be issued 2 months before the new schedule takes effect. It includes a list of all dismissed. When a seasonal worker is laid off, notification must occur 7 days in advance. If an employee whose contract is valid for 2 months leaves, then the notification occurs 3 days in advance.

Without notification, the procedure will be invalidated. With the dismissal, a list of documents must be drawn up. In this case, the employer must comply with certain deadlines. For example, from the date of issue of the order to the procedure itself, at least 2 months must pass. Only in this case the procedure will be legal.

Payouts

If there was a dismissal due to a reduction in staff, the payment of benefits is guaranteed. Provided:

1. Salary for the last month and compensation for unused vacation. Must be paid no later than last day work.
2. severance pay. If there was a dismissal due to staff reduction, the payment of this type of benefit is mandatory. It is transferred within 3 months after the reduction, if the person did not get a new job. For the first time, it is paid in advance, taking into account the calculation upon dismissal.
3. Privileges. Provided upon registration at the employment center, if no new job has been found for 3 months. Only then does this organization provide redundancy payments. Examples and features of these procedures allow you to understand what to expect. For example, if a person is considered unemployed for 4 months, then the employment center provides benefits, so the person can search for a suitable position.

Payouts

If there was a procedure for reducing an employee, he will receive payments based on the norms of the law. In this case, the amount corresponds to the amount of the average monthly income.

Benefits are calculated as follows:

1. From 4 to 7 months - 75%.
2. From 4 months after the designated period - 60%.
3. Then - 45%.

Income must be provided to all, wherever layoffs occur. Examples of compensation will help determine how much to expect. The average income of an employee is taken into account. If it is 20,000 rubles, then in unemployment it will be 15,000 rubles from 4 to 7 months. Then the income will decrease. During this time, with the help of the employment center, you can search for a suitable vacancy.

Who is not allowed to be fired?

There are several categories of persons to whom guarantees are provided. It will not work to dismiss them, it is considered an exception. They should be offered other vacancies. The new job should be similar to the old one in terms of pay and qualifications.

Can't be fired:

1. Pregnant.
2. mothers of children with disabilities.
3. Mothers with children under 3 years of age.
4. Single mothers with children under 14.
5. Single fathers with children under 14.
6. Minors.
7. Employees on vacation.
8. Temporarily disabled.

Warranty

The law provides guarantees for persons who have been laid off. They have a period during which you can find a new job. Employees are eligible for another position, if any. Transfer to another branch of the company is possible. The guarantee includes receiving benefits.

If there are complaints about the staff reduction procedure, within a month, you can go to court to appeal the decision. It should be borne in mind that this body does not always reinstate people in their positions. For example, this cannot be done if the employee does not fit the privileged category, and the procedure is performed legally. The court may change the wording of the entry in work book, as well as ensure the transfer of payments for forced absenteeism.

And the employer can provide evidence of the legality of dismissal with the employee:

1. Old and new schedule: one document will indicate the position, and the second will not.
2. Personal files of candidates: one may have advantages, while the other may not.
3. A written refusal of a person to receive a new position.

Thus, dismissal on reduction has its own characteristics. Both parties need to take into account the norms of the law, since they regulate such relationships.

What is behind the wording "layoff for redundancy"? What does this mean in terms of the Labor Code? What are the obligations of the employer to the employee in this case? What rights does a laid-off worker have, what compensations are required by law?

Any dismissal that occurs not on his initiative, but at the request of the employer is unpleasant for an employee. Among such ways to get rid of an employee, redundancy can be considered one of the rather “soft” options, at least if you rely on the norms of the Labor Code.

However, in reality, the reduction often looks completely different, because with this wording an unscrupulous employer sometimes covers up any dismissal of objectionable employees, including sudden dismissal and without any compensation to the employee. From a legal point of view, this is absolutely illegal: staff reductions must take place exactly in accordance with the procedure described in detail in the Labor Code of the Russian Federation. Therefore, such a pseudo-reduction can easily create problems for the employer himself: one has only to get on an employee who is more or less legally literate, and the company can earn serious trouble for itself.

Other employers do exactly the opposite: when carrying out a reduction, they do their best to dismiss employees under any article of the Labor Code, except for paragraph 2 of Article 81 of the Labor Code of the Russian Federation, which should be used when reducing the number or staff of employees. The reason is simple: layoffs for redundancy involve a fairly significant package of guarantees to the employee and the payment of monetary compensation for some time.

Of course, on the one hand, employers are quite understandable: the company found itself in difficult situation, it needs to cut costs, including personnel costs. But if the company's actions in optimizing the number of employees occur with violations of labor laws, then the employees will eventually have to pay for it. Therefore, in this "legal field" everyone plays for himself: in this case, the employer and the employee have opposite interests.

Abbreviation according to the rules

How should legal layoffs take place? Let's focus on the most important points:

1. The company is obliged in advance - at least two months in advance, to warn employees about the reduction in the number of personnel or the staff of the organization (the number of personnel and the staff of the organization are not the same), or about the liquidation of the company. Wherein general meeting or the announcement on the stand is not enough. Each employee must personally sign to confirm that he received this information at least two months before the planned date of dismissal. No oral discussions and agreements are taken into account, there must be a written notification.

2. If we are not talking about the complete liquidation of the company, but about the reorganization or reduction, then the employer is obliged to offer the reduced employees all vacant positions that correspond to their qualifications and professional experience. It is obligated to do this by the third part of Article 81 of the Labor Code of the Russian Federation. In practice, employees most often do not know about this obligation of the employer, and the latter is in no hurry to take on “excessive” obligations: to reduce - so reduce!

3. Financial obligations of the employer. It is the unwillingness to comply with this paragraph that makes some employers "run" from the wording "layoff for redundancy."

According to the law, from the moment the employee was notified of the upcoming reduction and until the moment of dismissal, the employee has the right to receive a salary three more times. The first two salaries are paid for the two months that the employee continues to work until the moment of dismissal, and another company must pay the employee on the day of dismissal. This last payment is called severance pay. In accordance with Part 1 of Article 178 of the Labor Code of the Russian Federation, the amount of severance pay must be at least average monthly salary dismissed employee. If an increased amount of severance pay is specified in the collective or employment agreement, then the employer will be obliged to pay this particular amount.

In practice, many workers, although they are considered laid off "due to redundancy", do not receive the payments due to them by law - simply because they are not aware of their rights or are not ready to defend them.

4. This is not the end of the financial compensation to the employee. In fact, it doesn't always end. The first paragraph states that the employee must be notified of the reduction at least two months before the dismissal. But if the employee agrees to terminate labor contract ahead of schedule, he is entitled to receive another financial compensation. It is also calculated on the basis of the average monthly earnings, in proportion to the time left until the date of the actual dismissal. This requires the consent of the employee, and oral agreements here have no legal force either: the consent of the employee must be expressed in writing.

5. An employee who has often been made redundant can receive an additional two salaries - for the second and third months after losing his job. These compensations are paid if the former employee did not manage to find a new job during this time. However, in order to receive this payment, it is necessary to register with the employment service, and no later than within two weeks after dismissal.

If the specialists of the employment service could not find a job suitable for the level of qualification for the reduced employee, then the former employer must pay two more salaries. For this, accounting former employer you need to provide documents stating that you are registered with the employment service and have not yet found a job (to prove this, you need to present a work book that has not yet been canceled).

A fairly common situation is when an employee is informed about the upcoming reduction, but at the same time they are persuaded to write a letter of resignation of their own free will or by agreement of the parties. At the same time, the employer most often does not explain the difference “point by point”, but simply states as an argument that between these different types layoffs "practically no difference". At the same time, the emphasis is often placed on the fact that “dismissal of one’s own free will” is a familiar and standard wording, which, as it were, transfers the initiative into the hands of the employee and thereby allegedly facilitates his search for next job. In such cases, the employer cares, in fact, not about how easily and quickly an almost former employee will find a job, but about the opportunity to save a decent amount on the payment of compensation to the dismissed employee. Because dismissal of one's own free will, as well as dismissal by agreement of the parties, does not give any right to receive compensation to the employee. Therefore, it makes sense to “not be conducted” and to require that the layoffs and the corresponding article of the Labor Code be indicated as the basis for dismissal.

Why do you need to register at the labor exchange?

Of course, if you are left without a job, you need to take the initiative in your own hands: independently look through vacancies in magazines and newspapers, search for suitable vacancies on sites dedicated to finding a job, send out resumes, go to interviews, etc. In conditions free market labor, a person can find the job of his dream only on his own, the state will not do this instead of him.

However, if you are made redundant, you are entitled to state compensation and payments, and for this you need to register with the state labor exchange. If within ten days from the date of applying to the employment service you cannot be employed, you will receive the status of unemployed, and the unemployed are entitled to a monthly allowance. It is small, but in some cases it is still better to receive it than not to receive anything. First of all, this concerns depressed regions with an underdeveloped labor market, where it is difficult to find a new job for objective reasons. Unemployment benefits will begin after all compensation payments from the former employer have ended.

As we noted above, to receive an offer of excellent and promising work from the employment service, you most likely will not succeed, you need to do this yourself. But registering as unemployed will allow you to legally claim benefits while continuing to look for work. At the same time, employment service workers should offer you several options that correspond to specific parameters. This includes: the level of your qualifications and previous professional experience, working conditions (they must be no worse than at the previous place of work). In addition, you should be able to get to your new job daily using transport. If you twice refuse options that formally suit you, the state has the right to stop paying unemployment benefits.

If the reduction is done incorrectly

If you think that your rights were violated during the reduction, you can contact the labor inspectorate, the court or the prosecutor's office. It is unprofitable for companies to sue, especially if the outcome of the process may not be in favor of the company. Because in this case, the company will have to pay not only compensation former employee, but also fines to the state, as well as pay all legal costs. Therefore, many legal proceedings between employees and the employer end with an amicable agreement already at the first stage: the company pays the required amounts or part of them (this depends on the terms of the amicable agreement).

If you are going to defend your interests in court, then you need to remember a very important point A: A statement of claim can be filed within one month from the date of dismissal. After that, the court will simply refuse to accept your claim - because the deadline for filing it has expired. Often trapped in these time constraints are employees who decide that they will try to find a new job first, and if they can't do it quickly, then they will sue their former employer. Meanwhile, the deadline for filing a claim passes, and with it the opportunity to receive compensation from the former employer through the courts.

But even in this case, the employee has one more option: you can contact the state labor inspectorate or the prosecutor's office. Appeals to these bodies are not limited to any specific deadlines. In both cases, a written application will need to be submitted. It should briefly describe the situation and set out the essence of the claims against the employer.

The main thing to understand is that the difference between abbreviation “on paper” and in reality can be very significant. Under the law, a laid-off employee in some cases can receive financial compensation from the former employer for five months (almost six months!) From the moment of notification of the upcoming reduction.

But in reality, many workers claim that they were “cut off”, but they never received any compensation (for a variety of reasons). At the same time, it is precisely the mechanism for reducing employees in the Labor Code that is spelled out quite clearly, which means that the chances of an employee to achieve compensation are very high. To do this, you need to “learn” your rights and learn how to defend them.

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