Mass layoffs as a percentage of the total number of employees. In case of mass layoffs, how long before notice is given? What is a mass layoff

The term " lockout"is called the mass dismissal of employees from their positions.

Sometimes a situation arises at an enterprise when it is forced to get rid of a significant part of its hired staff. work force. Sometimes the price for this is the very existence of the company; if it disappears, a large number of people lose their jobs.

• How to determine whether a layoff is mass?
• How is it different from the usual one?
• What are the responsibilities of an employer towards employees and government agencies?

In the article we consider all issues related to the lockout, and also provide step-by-step algorithm for an employer who is laying off employees en masse, and a list of documents required for this.

When the lockout comes

Mass release of hired employees is not a very common phenomenon, however, it can occur under certain circumstances, usually unfavorable for the organization. Whatever events lead to the outcome, the resulting mass layoff can occur for one of two real reasons.

1. Liquidation of an enterprise or organization, in connection with this, dissolution of all personnel (clause 1 of Article 81 Labor Code Russian Federation).
2. Reduction of the number or staff of an organization (clause 2 of Article 81 of the Labor Code of the Russian Federation).

NOTE! For any of these reasons, dismissal can be either ordinary or mass.

Lockout or just dismissal?

Where to look for the answer

How to distinguish a standard dismissal from a mass dismissal? This is clearly defined in the relevant documents - specific industry agreements, possibly also in territorial ones.

REFERENCE! At the end of 2016, about two dozen industry agreements have been adopted and are in force, which also regulate issues of mass layoffs.

If such an agreement for the relevant industry or region has not been adopted or does not contain the necessary criteria, an older document will come to the rescue, valid in those parts that do not contradict labor legislation. Such a document is the Regulation on the organization of work to promote employment in conditions mass release. It was approved by Resolution of the Council of Ministers of the Government of the Russian Federation on February 5, 1993 No. 99.

Lockout criteria

Let's consider in what cases the release of employees would fall under the signs of mass layoffs. This takes into account:

• the total number of hired workers at the enterprise;
• number of people being laid off;
• the percentage of laid-off employees out of the total number;
• the time during which layoffs occur;
• unemployment rate in a particular region.

1. In the event of liquidation of an enterprise, no matter what legal form it belongs to, the dismissal will be considered mass if the organization had 15 or more employees.
2. In terms of headcount or staff reductions, the scale depends on the number of employees being relieved of their positions over a given time period:
   • Fifty or more people were laid off in a month;
   • in 2 months, more than 2 hundred people lost their places;
   • in 3 months, more than half a thousand workers left their jobs.
3. For any of both reasons, dismissal falls under the mass criterion if, in regions where no more than 5 thousand residents are employed, 1% of the total number of employees lost their jobs within a month.

ATTENTION! If the unemployment rate in a region is particularly high, more than 11%, then local authorities may decide to suspend mass layoffs. They cannot be completely cancelled, but it is allowed to slow down the process so that the employment services and trade unions can cope with such an “influx”. It is allowed to increase the interval for dismissal of 50 people to 8 months, 200 or more employees can be dismissed within 10 months, and five hundred employees - for a period of at least a year.

What an employer should not forget about

A lockout is a responsible process that must be carried out strictly according to the law, and the legislation on this matter has many inviolable regulations. To do this, it is better to follow the established algorithm, acting strictly according to the protocol and not forgetting to notify the relevant authority and correctly fill out all the necessary documents.

A step-by-step algorithm for a massively dismissing employer

1. Drawing up a written appeal to the organization’s trade union body and the regional employment service three months before the start of the event.
2. Development of an updated staffing table taking into account the number of remaining employees (either throughout the organization, or for some structural unit or individual categories of personnel). Approval of this document.
3. Based on the approved staffing table, issuance of an order for the organization to reduce personnel or staff.
4. 2 months from the date of dismissal specified in the order, notify in writing the people who are subject to dismissal. If the company has suitable vacancies or positions in branches, they must be offered to be filled by persons falling under the order. The employee must leave a signature on the notice of impending dismissal. If he refuses to endorse the notice, it must be sent by mail with a notification to the address specified during employment, or the refusal must be recorded in an act signed by two witnesses.
5. Preparation of a dismissal order. Familiarization with it to employees against personal signature. In case of refusal, perform actions similar to paragraph 4.
6. Making entries in the work books of employees losing their positions. The entry indicates the reason for dismissal (downsizing, liquidation of the enterprise, and possibly the parties’ own desire or agreement), the corresponding article of the Labor Code. Number and date of the dismissal order.
7. On the last working day, all retiring employees are accrued the required payments and compensations - wages, funds for unused vacations, severance pay due upon dismissal under Articles 178 and 180 of the Labor Code of the Russian Federation.
8. Submitting information about dismissed workers to the employment service of a given region, because they may differ from those submitted three months ago if, for example, some employees were transferred to other positions.

Employer risks

There are a number of points that an employer should in no case lose sight of during a mass dismissal, so that no one can bring claims against him for violating legal norms.

1. When making redundancies, it is necessary to take into account the categories of employees who fall under it, especially their qualifications.
2. It is impossible to dismiss a preferential contingent due to reduction, even if they are inferior in qualifications to other employees, namely:
   • women expecting a child;
   • single parents in whose care are children under 14 years of age (and disabled people under 18 years of age);
   • adoptive parents, guardians of children under 14 years of age.
3. Timely notification of the lockout of government and trade union bodies. If this is not done or the deadline established by law is missed, the employer will receive serious administrative punishment in the form of a fine of 2 to 3 thousand rubles. for a specific executive and from 10 to 15 thousand rubles. – for an organization (Article 19.7 of the Code of Administrative Offenses of the Russian Federation).

List of documentation required by the employer

The necessity and legality of a complete lockout can be confirmed by the entrepreneur with relevant documents, which include:

• new staffing table, certified and approved in the usual manner, or a court decision on the bankruptcy of an organization (for its liquidation);
• an approved plan for the mass layoff process;
• extracts from the personal files of candidates for layoffs;
• extracts from the minutes of the meeting of the commission discussing candidates for reduction;
• order for the company on mass dismissal with a list of names of those being released and their signatures;
• act of proposed vacancies for transfer with resolutions on the employee’s consent or refusal;
• confirmation that letters to the trade union and employment service were sent on time (for example, a correspondence log, postal notification, etc.);
• a document from the trade union organization agreeing to the upcoming lockout;
• final order of dismissal;
• entries in personal cards;
• financial documents confirming full settlement with employees.

In this article we will look in detail at how mass layoffs of workers are formalized and what the reasons may be.

Reasons and criteria for numerous dismissals

The mass release of workers involves the premature denunciation of employment contracts concluded with them due to the cessation of the existence of the organization, staff reduction. The work book records that the dismissal was made due to staff reduction or liquidation of the organization.

The evaluation criteria for mass participation are determined by the indicators of the number of dismissals for a specific period. According to Art. 82 of the Labor Code of the Russian Federation, they are determined by sectoral and territorial agreements. In the absence of such regulation - Regulations of the Council of Ministers of the Russian Federation No. 99 of February 5, 1993 “On the organization of work to promote employment in conditions of mass layoffs.”

If the specified criteria are met, the dismissal is considered mass. If a number of agreements apply to the dismissed person, then those that are more favorable in terms of their terms are applied.

Features of mass layoffs under the law

Collective dismissal is an extreme measure used by the employer in the presence of large debts, bankruptcy, or other reasons of an economic, legal, or technological nature. To avoid numerous layoffs, the head of the organization may first take other measures:

• invite employees to go on vacation at their own expense or move to another job;
• reduce wages;
• introduce, with the consent of the trade union body, part-time work ( Art. 74 Labor Code of the Russian Federation).

If the current situation cannot be resolved, then the employer inevitably resorts to collective dismissal of workers. Further, when implementing dismissal measures, the employer is guided by the following laws:

1. Law of the Russian Federation N 1032-1 of 04/19/1991 (as amended on 10/11/2016) “On employment in the Russian Federation”, art. 21 (about notifying trade unions) and 25 (about notifying the employment center).
2. Art. 81 Labor Code of the Russian Federation (denunciation employment contract at the initiative of the employer).
3. Art. 179 of the Labor Code of the Russian Federation (privileges for certain categories of citizens to remain at work).
4. Art. 373 of the Labor Code of the Russian Federation (participation of a trade union in the dismissal of workers).
5. Art. 180 of the Labor Code of the Russian Federation (guarantees and compensation for layoffs - for workers).
6. Art. 140 of the Labor Code of the Russian Federation (terms for payment of amounts due upon dismissal).

For failure to comply with legal norms when carrying out multiple dismissals, management is held administratively liable.

Conditions and procedure for mass release

The mass release procedure involves a series of sequential actions that must be performed primarily by the initiator - the employer. It is he who guides the reduction step by step, adhering to the following order.

Stage	Features of the event
Issuing an order in any form	Compiled several months before the start of the event; indicates the number of people being laid off, their positions and departments where they work, as well as the date of the reduction; Each employee must familiarize himself with the order and sign it
Formation of another staffing table (⊕)	Employees can be dismissed only after approval
Selecting candidates to be fired	Workers have the advantage of remaining at work:
Notification of those being dismissed	Carried out under the signature of employees 60 days in advance ( Labor Code of the Russian Federation, art. 180, part 2); in case of refusal to sign, an appropriate act is drawn up; if two parties agree to denounce the employment contract, there is no need to send a notice to the employee
Providing assistance in further employment	The employer has the right to offer the employee: +) another vacancy in accordance with qualifications, +) a lower or vacant position in the organization, +) assistance in finding work at other enterprises. When an employee accepts one of the proposals, a transfer is issued, and in case of disagreement, a written refusal is issued
Trade Union Alert	At least 3 months before the start of the event, the union is given documentation accompanying the dismissal; in case of disagreement, the members of the association with the employer try to reach a compromise and draw up a protocol based on the results, after which the employer is given 10 days to make a final decision; in the absence of unanimous agreement, the labor inspectorate considers the complaint and recognizes the dismissal as legal or not
Job center alert	The notification is sent no later than 3 months before the start of: 1) Appendix No. 1 to the Regulations on the organization of work in conditions of mass layoffs - about the upcoming numerous reductions, 2) Appendix No. 2 of the same Regulations - on the dismissal of an employee
Drawing up and registering an order to denounce an employment contract	The person being dismissed must be familiarized with him under his signature within 3 days
Payment of amounts due to a dismissed employee	Done on the day of dismissal (see →)

Timely and correct implementation of all stages with numerous reductions allows you to eliminate controversial situations and also avoid violations.

Documentation for mass layoffs

Any mass dismissal is accompanied by the execution of basic (mandatory) and additional (if necessary) documents. It is they who confirm the very fact of carrying out the measures provided for by law in such cases. These include:

• updated staffing table, order for its approval;
• orders of dismissal, reduction, transfer;
• acts of consent (disagreement) of an employee to move to another position or job;
• notices of upcoming layoffs of workers, trade unions, employment services;
• protocol on consent (disagreement) of the trade union;
• financial documents certifying that the employee has received the amounts due.

In addition, information on each dismissed employee has an evidentiary basis, which must also always be ready, and the signatures of the dismissed persons have been affixed after reading the documents.

Payments to employees upon dismissal

At the end of 2 months from the date of notification, the employment contract is denounced and a settlement is made with the employee. On the date of dismissal, mandatory payments are made to him:

• due salary;
• compensation for unused vacations;
• severance pay- average monthly salary (Art. 178, part 1.2 of the Labor Code of the Russian Federation);
• additional compensation for early release ( average earnings, calculated in proportion to the remaining period until the expiration of the notice of dismissal).

In addition, the worker is entitled to compensation (average earnings) after dismissal for the second and third months, if he has not yet found a job and is listed in the employment center. In some cases, by decision of the center, an already unemployed person is paid such compensation for the third month. The main condition for recognition of the right to compensation payments after layoffs (liquidation of an organization) is that the dismissed person must contact the Labor and Employment Center within two weeks after losing his job.

Dismissed workers from organizations operating in Far North and equivalent territories, the period for compensation payments is extended to six months. Upon dismissal with the wording “by at will»or in case of transfer no compensation amounts are due.

Example #1. Mass layoffs at OJSC "Vasilek"

Due to lack of funding and falling volumes construction work The management of OJSC Vasilek decided in March 2016 to liquidate three of its structural sectors with 98 employees. In total, OJSC “Vasilek” employs 600 people.

Federal industry agreement regarding the construction and construction materials industry of the Russian Federation for 20014–2016. dated 10/11/2013 determines the number of personnel, upon reaching which the dismissal is recognized as mass.

Obviously, the established threshold for the number of dismissed people (50 people) per month has been exceeded and amounts to 98 dismissed people. This means that the planned release is considered massive.

Example #2. Dismissal due to the cessation of the organization's existence

The head of the personnel service handed A.V. Dolgov a notice signed by the employer about the impending dismissal due to the cessation of the organization’s existence. The start date of the activities is October 26, 2016. The notice was sent to the addressee in a timely manner - 2 months before. After reviewing it, the person being dismissed put his signature.

After a week, the employer offered A.V. Dolgov to resign early with payment additional compensation, to which the latter agreed, confirming it in writing.

Mass dismissal of workers is a complex process in technical and moral terms, but it is inevitable if production needs and objective reasons require it. economic conditions. This step is fraught with many undercurrents that can be avoided by following the letter of the law and competent legal support.

What is a mass layoff?

This is a process when, within a certain period of time, a dismissal is made at the enterprise large quantity working. The size of the mass scale depends on the period of time during which it occurs.

The concept of massive staff reductions has legal definition– lockout. The concept means the ratio of the number to the total number of employees in the organization. The ratio always differs from company to plant.

The criteria for mass layoffs are regulated in Government Resolution No. 99, which explains that mass layoffs are how many people. Criteria:

1. Complete liquidation of an enterprise with 15 or more employees.
2. Reduction of 50 employees within 1 month.
3. Dismissal of 200 people in 2 months.
4. Dismissal due to staff reduction from 1% of employees in territories where the working population is less than 5 thousand people.

If a massive layoff of workers is brewing at an enterprise, but a final decision on this has not been made, then the employer is recommended to take a number of measures. It is possible that some of them will help prevent mass layoffs of workers:

• notify local authorities about the situation at the enterprise;
• hold a meeting of employees to inform them about the current situation and smooth out the tense situation;
• consider changing the enterprise profile;
• stop hiring new employees;
• Consider the possibility of transferring employees to part-time positions.

If the activities are carried out with the direct participation of local authorities who are interested in preserving city-forming enterprises, then there is hope for preventing liquidation. But in the event that the situation has reached a dead end, management needs to think about ensuring that employees are...

How is a mass layoff carried out legally?

Dismissal of a large number of employees from one enterprise is associated with difficulties of both a psychological and documentary nature. The personnel service must comply with the algorithm of actions defined by law and the criteria for mass layoffs:

1. Development of a new staffing table with an updated number of employees.
2. Drawing up an order for the organization on reduction.
3. Notification of the trade union organization about the upcoming procedure 3 months before the start.
4. that layoffs are coming.
5. Offer applicants to fill other vacancies that are available. The positions offered must correspond to the qualifications of those being dismissed.
6. Providing documentation on mass layoffs to the trade union.
7. Coordination of controversial issues between the administration and the trade union organization.
8. Decor work records.
9. Accounting for employees in accounting.

The main reduction order must be accompanied by an action plan according to which the procedure will be carried out. The text of the order must include a clause on the appointment of a commission responsible for the implementation of planned activities.

Possible difficulties

It is difficult to avoid problems when laying off a large number of people. It is necessary to provide for the presence of categories of employees who, by law, are not subject to layoffs. If the move is inevitable, then they should get an offer for another job first. They have the right to terminate the employment contract only at their own request:

• women without a husband who are dependent on them;
• women raising a disabled child;
• citizens who replace parents for minors and disabled children.

When analyzing the lists of those being laid off, it is necessary to exclude these employees from the list of those who were laid off.

The employment center must be aware of ongoing activities 3 months before they begin. Otherwise, the head of the enterprise faces a fine of 3,000 rubles as an individual, and a fine of up to 50 thousand rubles will be imposed on the organization.

The employer is obliged to strongly argue the need for dismissal to the trade union, which is obliged to protect the rights of the enterprise's employees and strictly monitors compliance with the criteria for mass dismissal. The trade union may have a reasoned disagreement with the administration’s decision, on which it expresses its opinion. A complaint against management is submitted to the labor inspectorate, which comes to the conclusion that the employer’s decision complies with the law.

Guarantees for employees

The enterprise issues an order on the progress of the procedure. The document lists the citizens included in the list of redundancies. One of the points of the order is a mention that all due funds must be paid to them. Each employee is given severance pay, which is based on his average monthly earnings. This amount is calculated three times. If an employee has unused vacation left, it is fully paid.

Payments are made even if the employee terminates contract of employment before the official date of dismissal. Bonuses issued to all employees for the period from the beginning of the order until the moment of dismissal are also paid to applicants for layoffs. According to the Tax Code, all payments should not be subject to taxes.

Massive reduction of staff - how many people? It is determined by the ratio of the number of dismissed employees to total number enterprises.

What are the criteria?

The criteria for mass dismissal are determined by Decree of the Government of the Russian Federation dated February 5, 1993 No. 99(as amended in 2014) “On the organization of work to promote employment in conditions of mass layoffs.” If other industry or regional criteria are not adopted for the enterprise, then the following are taken as a basis:

1. Complete liquidation of an enterprise, regardless of its ownership, with 15 or more employees.
2. Reduction in the number of employees of the organization in the following quantities:
   • 50 or more in the period 30 calendar days;
   • 200 or more within a period of 60 calendar days;
   • 500 or more within a period of 90 calendar days.
3. The number of layoffs is 1% of the total number of employees within 30 calendar days in an area that has no more than 5 thousand jobs.

Reasons for reduction

Occurring economic crises in the Russian economy, errors in enterprise management strategy, the development of new technologies are the reasons leading to a massive reduction in staff, or even to its complete elimination. The main reasons include:

• bankruptcy of an enterprise;
• liquidation of the organization;
• change of company management;
• change in staffing;
• introduction of new technologies that allow automation production processes and etc.

Order

To prevent mass layoffs (if a final decision has not been made), steps are taken to stabilize the enterprise and gain time to improve the situation:

• notification to the local administration of a possible massive layoff of workers to jointly solve the problem;
• stop hiring new employees;
• repurposing or changing the direction of the organization’s activities;
• termination of part-time employment;
• reduction of working day and (or) week;
• transfer of employees subject to layoffs to other jobs, etc.

If it is not possible to avoid mass layoffs, then it is necessary to carry out the entire layoff procedure in accordance with the Labor Code of the Russian Federation (Articles 74, , , , 140, , ) and other legal acts.

Article 140 of the Labor Code of the Russian Federation. Payment terms upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

Read about how alimony is calculated upon dismissal and whether it is deducted from compensation and other payments.

Decision-making

Depending on the form of ownership of the enterprise (private, state and municipal), the decision on mass layoffs or reductions is made at different levels. If the enterprise is state-owned, then this may be a Decree of the Government or a specific Ministry on changing (reducing) the number of employees in a specific area of ​​production or organization.

If the enterprise is private, then the decision is made individual entrepreneur(for individual entrepreneurs), director or board of directors, or other governing body.

Notification of the trade union and employment center

Prescribes mandatory consideration of the opinions of trade union bodies during mass dismissals of workers.

Within 10 days after receiving notification of an upcoming mass layoff, the union makes a decision and formalizes it in writing. If the trade union violates this deadline, the organization’s management may not take into account its opinion. If the trade union makes a negative decision, then joint meetings are held within three days, the results of which are documented in a joint protocol. Negative decision The employer can appeal against the union in court.

Important! All approvals and results of consultation with the trade union are documented in in writing.

The union is checking the legality of the dismissal: the presence of pregnant women, on maternity leave, and single mothers among dismissed employees.

In accordance with the Law of the Russian Federation of April 19, 1991 (as amended in 2017) “On Employment of the Population in the Russian Federation,” it is necessary to promptly notify the employment center about the upcoming mass layoff of employees - this is 3 months before the start of the actual mass layoff measures.

Violation of deadlines for notifying the employment center entails administrative responsibility employer in the form of a fine: three thousand rubles for an individual and up to 50 thousand rubles for a legal entity.

The legislation does not provide for a single sample notification of the Employment Center about the mass release of workers.

The notification is drawn up in any form, but must contain the following information: a list of persons subject to dismissal, indicating their position, education, length of service, qualification requirements and the amount of wages.

Notification to the employment center about mass layoffs is sent to the actual address of the organization.

Issuance of an order on the release of positions

The order for mass dismissal must indicate the justification for the mass dismissal:

• a court decision declaring bankruptcy of an organization;
• decision of the meeting of founders on termination of activities or reorganization and the need for a numerical reduction of employees;
• changes in staffing and others.

The order is issued in any form with the obligatory indication of the following data:

1. full name of the enterprise;
2. publication date;
3. expected date of dismissal;
4. list of laid-off employees.

The order is signed by the manager and agreed upon with the legal service and the trade union, registered in in the prescribed manner in the order register with a number assigned and a date indicated.

Drawing up a new staffing table

The staffing table is not a mandatory document, but it allows you to resolve personnel issues and plan the development of the organization. The document states:

1. structural units;
2. job titles;
3. amount of workers;
4. wages, allowances.

Commercial organizations can assign any titles to positions, and state ones are necessarily guided by special classifiers. The document indicates both occupied and vacant positions, and takes into account employees working part-time.

Before creating a new staffing table, management conducts a personnel analysis, production capacity and prospects for further development.

An HR employee or secretary draws up a schedule, for convenience, in tabular form. The staffing table is approved by order, registered and only after that comes into force.

Who is being laid off?

In case of mass dismissal, qualifications, experience and merit are taken into account employees. This decision is made jointly by management and the personnel department and taking into account the opinion of the trade union.

The following categories of workers cannot be dismissed due to reduction:

• pregnant women;
• single parents with dependent children under 14 years of age;
• women on maternity leave;
• adoptive parents, guardians with children under 14 years of age.

Employee Notification

The employer must inform about the upcoming dismissal writing give the employee two months' notice before the date of dismissal. In writing, the employer offers available other work, both corresponding to the employee’s qualifications and a lower position or lower paid job.

The employer must offer the employee all vacancies that meet the specified requirements. If provided for by the collective agreement, the employer has the right to offer vacant positions in another location.

If the employee refuses to sign the notice of dismissal, it is sent to him by registered mail with notification, and then an act of refusal to sign is drawn up.

Attention! Notice of dismissal is given to the employee only with a personal signature.

Transfer to another position

If, as a result of negotiations between the employer and the employee, a decision is made to transfer to another position, then the employee writes an application addressed to the manager about the transfer to another position. According to Article 72 of the Labor Code of the Russian Federation, the employee’s statement is considered as his consent. After this, a transfer order is prepared and, on its basis, changes are made to the staffing table, work book and other working documents.

Article 72 of the Labor Code of the Russian Federation. Change determined by the parties terms of the employment contract

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Drawing up an order

An order for mass dismissal is drawn up on the last day of work of employees, indicating the basis:

• order approving the new staffing table;
• notification of an employee about dismissal;
• a written offer of another job to an employee and his refusal;
• act on the employee’s refusal to sign the dismissal.

The document states:

1. full name of the organization, date of drawing up the order, registration number;
2. details of the employment contract subject to termination;
3. grounds for termination in accordance with the Labor Code of the Russian Federation;
4. signatures of the manager, employee (familiarized), trade union organization.

Filling out documents

On the day of dismissal based on the dismissal order, an entry is made in the work book:

• Section 1 is indicated serial number records;
• section 2 – date of dismissal;
• section 3 record of the reason for dismissal, without abbreviations, exactly in accordance with the paragraph of the Labor Code of the Russian Federation;
• in section 4 the number of the order is entered, on the basis of which the dismissal is entered into the work book.

The head of the organization or the personnel employee responsible for maintaining work records puts a signature and seal on the entry. The employee checks all records and also signs.

Based on the order, appropriate entries are made in the employee’s card and personal file.

Issuance of calculations and documents

On the day of dismissal, the employee receives:

• work book;
• certificates of the paid amount of wages and payment of contributions;
• certificate of employment;
• on the day of dismissal, the employee is paid all monies due.

What payments are due?

Upon dismissal, the employee is paid:

1. salary for days worked;
2. compensation unused vacations(all unused);
3. additional amounts for early termination of the contract;
4. severance pay.

Severance pay to a dismissed employee is paid in the amount of average monthly earnings. During the search period new job he retains his average monthly earnings, but not more than two months from the date of dismissal.

The benefit amount for a full paid month is calculated:

Benefit = Average salary = Average salary × RD, Where:

• SRZP– the average monthly salary;
• Average salary– the average daily salary;
• RD– actual number of days worked.

The procedure for mass dismissal of employees has a number of difficulties and nuances, but must be carried out in compliance with legal standards.

What is a mass layoff? Today, according to Article 81 of the Labor Code of the Russian Federation, this definition covers the dismissal of employees, resulting in a reduction in the total number of personnel over any period of time. Today in Russia this is a relatively new concept. For many decades, due to special political and economic factors in our country little attention was paid to this fact. For example, in Soviet time no legislation was required regarding this type of reduction.

However, everything changed in the 80s. 20th century, when the process of economic reform began, which led to numerous layoffs. And only then, back in 1971, the chapter “Ensuring the employment of laid-off workers” appeared in the Labor Code. The institution of mass dismissal appeared, the norms, rights and guarantees of dismissed workers were established. The 90s brought new problems related to widespread privatization, etc. Numerous gaps in the legislation itself were identified.

Criteria for mass participation

There are certain criteria for defining the term “mass layoff”:

• , where he worked at least 15 people.
• Release of workers in numbers 50 or more within 30 days, at least 200 within 2 months, 500 or more within 90 days.
• Release of 1% of the total number of personnel upon liquidation of an institution or its share reduction within a period of up to one month when located in a region with a total number of employed population less than 5,000 people.

Besides general criteria, regions of the country may have their own.

Step-by-step actions of the employer

The first thing the employer must do before the mass dismissal procedure is to document everything, that is, approve it by order and form a new one. As a result of the operation, the total number of personnel in different specialties or one category of workers should be significantly reduced.

The manager is obliged 90 days before the start of the procedure to submit information to the employment authority (in accordance with Articles 25 and 21 of the Federal Law of April 21, 1991 “On Employment in the Russian Federation” No. 1032-1) and to the trade union department.

The next step before mass dismissal is to determine and take into account the rights of each employee. That is, the boss must take into account a nuance: the right of certain categories of citizens to remain in the organization.

This group includes:

• Women expecting a child.
• Women with children under three years of age.
• Women raising fatherless children under 14 years of age (with a disabled child, the age increases to 18 years).
• Citizens who have motherless children of a similar age in their care.

The main opportunity to stay after dismissal belongs to these persons. The director must strictly adhere to these rules when selecting people for layoffs. Among this group of workers, priority goes to those with better performance results. A person’s qualifications also play an important role, for example, an academic degree, a second education.

In the event that the quality of labor is the same, the right to retain one’s workplace recognized for:

• a citizen who has people in his family who are financially dependent on him;
• a citizen whose family is deprived of a second breadwinner who brings in the necessary income;
• a person who has already received an occupational injury or illness at work;
• disabled worker of combat operations related to the defense of the country;
• a member of a team who improves his own skills without interrupting his main job;
• the person who owns any invention;
• wife (husband) of a military personnel (for government organizations);
• a citizen (and his family members) in respect of whom dismissal was made to this place of work with military service, as well as single mothers whose sons are in public service (Federal Law of May 27, 1998 No. 76 “On the status of military personnel”);
• employee who received radiation sickness after Chernobyl disaster or was evacuated from the exclusion zone;
• a citizen who received a certain radiation dose at the Semipalatinsk test site.

After the manager has determined the contingent of workers to be dismissed, he needs to let them know about this by signing 60 days before the procedure according to the Labor Code of the Russian Federation (Article 180, Part 2). In case a person refuses to sign, this document must be sent to him personally by registered mail with notification, and an act of the employee’s refusal to sign must be drawn up. All this is necessary for the manager as proof of his compliance with all steps of the dismissal procedure.

After completing this step, the manager must take all necessary measures for employment of dismissed team members. This should be assistance in retraining, the opportunity to take another vacancy in the same institution, or help to get a job in others. As ideal option is to offer a person a position that would correspond to his skills and abilities. If this is not possible, you should try to find another job outside of the organization.

All these actions must also be documented in writing. If you agree, the manager carries out this procedure. If a refusal occurs, a refusal act is drawn up. If translation is not possible, an appropriate document must be drawn up.

Two months after notifying the staff, the boss must provide the trade union department with all documents related to the dismissal (for those who are members of the trade union).

Further, according to Art. 373 of the Labor Code, within 7 working days the trade union organization is obliged to provide the manager with a reasoned opinion regarding dismissal. If the document is not received within this period or an unmotivated opinion is provided, the manager is not obliged to take it into account.

In turn, the trade union, if it does not agree with the manager’s decision, is obliged to discuss the situation with him within 3 days, come to a common decision and formalize this in a protocol. If common decision not achieved, a protocol must still be drawn up. After 10 days from the date of transfer of documents to the trade union, the manager has every right to make the final decision.

If agreement has not been reached, . Within 10 working days, the issue of the legality of the dismissal is considered and a decision is made. If , the manager receives an order to fulfill.

Immediately before terminating the employment contract, it is necessary to offer the employee all available vacancies in writing.

If mutual agreement is reached, it can be terminated before the due date. In this case, the dismissed employee receives all payments due to him. You cannot fire an employee during the period of his illness (temporary disability) and vacation.

Further published, every worker gets acquainted with it in writing within 3 days after its publication. The employee is paid all types of monetary compensation on the day of dismissal. He receives severance pay in the amount of average monthly wages. No later than 2 months before employment, he is also entitled to a monthly compensation.

One of last steps is registration, after which it is handed over to the person personally, as well as the due payments. If the dismissed person does not agree with the amount of payments, then it is necessary to pay the undisputed amount.

Possible consequences for the employer

For failure to comply with the law during the procedure for the mass release of workers, management faces administrative liability.

For example, untimely provision of information to the employment center or failure to provide it threatens the manager with penalties in the amount of up to 3,000 rubles per day. individual and up to 50,000 rubles for legal.

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