Reduction in the number or staff of a company’s employees is one of the grounds for termination employment contract at the initiative of the employer. Before proceeding with the procedure itself, you should clarify whether this will be a reduction in numbers or staff (). IN labor legislation There is no official explanation of these concepts. In our opinion, the main difference is as follows. When staffing is reduced, the number of staff positions for a specific position is reduced, although the position itself is not abolished. But when reducing staff from staffing table a certain position is completely excluded.
The algorithm for dismissing an employee both during a reduction in the number of employees and when reducing the number of employees is general - we will analyze it step by step.
Step 1. Issue an order to reduce the number or staff
Having decided to reduce the number or staff, the head of the organization must issue a corresponding order. The law does not provide for a special form of order. The main thing is to reflect in it the reason and date of the upcoming reduction, as well as to note the positions being eliminated. The new staffing table should be approved by the same or a separate order.
Step 2. Take into account the priority right to remain at work
The preferential right to remain at work in the event of a reduction in the number or staff of employees is given to those employees whose labor productivity and qualifications are higher than those of others ().
If labor productivity and qualifications are equal, preference is given to:
- family workers - if they have two or more dependents;
- persons in whose family there are no other independent workers;
- employees who received a work injury or occupational disease while working in this organization;
- disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland;
- employees who improve their qualifications in the direction of the employer without interruption from work.
In addition, pregnant employees, women with children under three years of age, single mothers raising a child under 14 years of age/a disabled child under 18 years of age cannot be dismissed due to staff reduction.
Step 3. Notify the employee of the layoff
The employee must be notified personally and against signature at least two months before the dismissal (). There are several exceptions to this rule - for example, an employee who has entered into an employment contract for a period of up to two months must be notified of dismissal at least three calendar days in advance, and a person employed in seasonal work must be notified at least seven days in advance. calendar days( , ). Also, an employment contract can be terminated before the expiration of the notice of dismissal period - with the written consent of the employee ().
If the employee refuses to mark receipt of the notice, it is necessary to draw up a corresponding act in the presence of at least two witnesses - this document will confirm that the employee has been notified of dismissal.
Step 4. Offer vacant positions to the employee
An employee who is being laid off must be offered available vacant positions from the employer to which he can be transferred (). They can be listed both in the notice of reduction and in a separate document.
It is necessary to notify the employee about vacancies repeatedly - the HR department is obliged to offer every suitable vacant position that appears in the company until the last day of work.
At the same time, the vacancy does not necessarily have to include work that corresponds to the employee’s qualifications; it is also possible to offer a vacant lower-level position or lower-paid job (). Moreover, the employer has the right to offer the dismissed employee to temporarily take the position of an employee on parental leave ().
If he agrees to one of the proposed vacancies, he is transferred to another position (,). In this case, dismissal will not occur.
Step 5. Notify the trade union and employment service about the upcoming layoff
IN writing no later than two months before dismissal, the employer must inform the trade union, as well as the employment service, about the reduction in the number or staff of employees (clause 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 ""). If the decision to downsize could lead to mass layoffs, this must be done no later than three months in advance.
The notification sent to the trade union indicates the full names of the workers subject to layoffs, as well as the names of their professions, positions or specialties.
When contacting the employment service, you should indicate your position, profession, specialty and qualification requirements to each of the laid-off workers and the conditions of payment for their labor.
Each notice must be accompanied by:
- a copy of the order to reduce the number (staff) of the organization’s employees;
- draft order on the dismissal of employees of the organization;
- draft organization staffing table.
Step 6. Issue a dismissal order (Form No. T-8 or T-8a)
If the employee does not agree to any of the proposed vacancies, on the last day of his work the HR department issues an order to terminate the employment contract (or). The wording of the reason for dismissal may be as follows: “Reduction in the number (staff) of the organization’s employees.”
The employee must be familiarized with this order against signature on the day of dismissal ().
Step 7. Issue a certificate of the amount of earnings for the two calendar years preceding the dismissal
TO last day the employee’s work, the accounting department must issue a certificate of the amount of his earnings for the two calendar years preceding the dismissal. The corresponding one has been approved.
Step 8. Draw up a document containing information that was sent to the Pension Fund for the period of the employee’s work
On the last day of work, the accounting department will also issue the employee a document that contains information sent to the Pension Fund for the period of work of the employee (clause 2-2.3 of Article 11 Federal Law dated April 1, 1996 No. 27-FZ "").
There are no special forms for transmitting such information to the employee, so you should focus on the forms approved by the Pension Fund of Russia for submitting the relevant information to the department. For example, form SZV-M (), section 6 of form RSV-1 PFR (), etc.
Step 9. Make an entry in your personal card (Form No. T-2)
Before dismissing an employee, a corresponding entry is made by the HR department in his personal card ().
In the “Grounds for termination of the employment contract (dismissal)” you need to indicate the reason for the dismissal: “Reduction in the number (staff) of the organization’s employees.”
In the line “Date of dismissal” – indicate the last day of work.
Then you should enter the details of the order to terminate the employment contract - its date and number.
After this, the employee and the HR department employee certify the information about the dismissal with their signatures.
Step 10. Draw up a settlement note on the termination of the employment agreement (contract) with the employee (Form No. T-61)
On the last day of work, the HR department, together with the accounting department, fill out a settlement note regarding the termination of the employment contract with the employee (). On front side HR employee points out general information about the employee, as well as information about dismissal and the fact of termination of the employment contract. And on the reverse side, the accountant calculates the amount of payment due to the employee.
The employer is not obliged to familiarize the employee with the calculation note.
Step 11. Make a settlement with the employee
On the last day of work, the accountant must give the employee wages for the time worked, compensation for unused vacation, if he is entitled to it, and make other payments (,). The employee must also be paid severance pay in the amount of average monthly earnings (). In addition, the employee retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal. And if an employee leaves an organization located in one of the regions Far North, – no more than three months ().
If the employment contract is terminated by agreement with the employee before the expiration of the notice period for dismissal, he is paid additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the specified period ().
In the event that the employee did not work on the day of dismissal, the corresponding amounts must be paid to him no later than next day after presenting them with a demand for payment.
Step 12. Make an entry in the work book and issue it
The work book is also issued to the employee on the last day of his work ().
Step 13. Prepare and issue to the employee, at his request, certified copies of other work-related documents
Upon a written application from the employee, the employer is obliged to provide him with duly certified copies of documents related to work (). For example, copies of an order for employment, orders for transfers to another job, extracts from the work book, certificates of wages– income certificate individual according to and a certificate of average earnings for the last three months, which is necessary to receive, etc. ().
Ekaterina Dobrikova
,
portal expert editor
Documentation
A reduction in the number of employees means a decrease in the number of employees occupying the same positions. And staff reduction is a change in the staffing table, in which certain positions are excluded from it (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). It is obvious that these “types” of abbreviations often accompany each other.
Let us note that the management of the organization independently makes a decision on layoffs and is not obliged to justify it in any way to employees (clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2). It is issued in the form of an order to reduce the number of employees.
Personnel documents drawn up during the reduction procedure
If the manager has already issued an order to reduce the number and/or staff, then it is then necessary to prepare a notice of the reduction of workers and submit it to the employment authority at the location of the employer, as well as to the trade union organization, if there is one in the company (clause 2 of article 25 Law of the Russian Federation of April 19, 1991 N 1032-1). Once the list of employees who have been laid off is ready, each of them will need to be personally notified about this in in writing no later than 2 months before dismissal (Article 180 of the Labor Code of the Russian Federation). In addition, the employer must offer such employees (you can directly in the notification) to move to other positions if there are vacancies in the organization.
If an employee refuses to take a vacant position, then you will have to part with him: you will need to issue an order to dismiss him due to a reduction in the number or staff (), make an appropriate entry in his work book and pay him off completely.
How to issue an order to reduce the number of employees
Reduction order staffing level employees is compiled in any form. It must indicate how many units and for what position are being reduced, from what date the changes are introduced, and also who will be on the commission for carrying out the reduction measures (the names of the employees and their positions are indicated).
A reduction in headcount or staff is grounds for dismissal at the initiative of the employer.
Carrying out such a procedure requires a certain algorithm of actions, because the employee can challenge the unlawfulness of his dismissal in court. The most popular reason for layoffs is a crisis. When there is no money to maintain a huge number of staff.
Do not confuse the concepts of order to reduce numbers and staff. Let's look at the concepts in more detail.
What is the difference between orders
You need to know that staff reduction means the elimination of a position. Downsizing is a reduction in the number of staff units. This is the difference between them.
An order to reduce the number of employees implies the exclusion from the staffing table of a certain number of employees in various positions, and an order to reduce the number of employees excludes a certain position.
Often this can lead to some disagreements. An employer can fire an employee and abolish his position, and then open another position with the same functions. Such situations are resolved in court, and most often this does not happen in favor of the employer.
In general, there are a lot of reasons for downsizing. It happens that in this way the employer encourages employees to work more productively. In such a situation, various positions are combined, thus increasing the amount of work and wages.
Another reason could be simple production automation. Various new developments introduced are an expensive process. This often forces you to give up some employees as a cost saving measure. The most popular reason is a crisis.
Order to reduce personnel
Such an order is drawn up relying on certain rules:
- The header of the document is drawn up (name of the organization, order number, date of execution).
- Then it is indicated: who made this decision, what the reason was.
- The “I order” part is divided into 2 points. The first point is a listing of positions, who was laid off, how many workers will be laid off and when the order will come into force. The 2nd point is an order to the head of the personnel department to inform employees about the layoff. Retrenched workers are the first candidates for vacant positions.
- At the end there is a position, a signature with the initials of the person who wrote the order.
Order to reduce staff
Management should remember the following features:
- Such an order is issued 2 months before the actual date of layoff, in order to notify employees in a timely manner.
- You must notify the trade union organization of your intention.
- You can fire a person after the staffing table is changed and when this position is eliminated.
Below is a standard form and a sample order to reduce the number and staff, a version of which can be downloaded for free.
Order of dismissal due to staff reduction- a sample will be presented below - drawn up on the last working day of the dismissed employee. You will learn further about what precedes the issuance of this order, as well as how to fill out this document.
In what situations is an order issued?
A dismissal order due to reduction is the final stage in a procedure such as staff reduction at an enterprise. However, the employee who has been laid off must be offered another vacant position in accordance with Art. 81 Labor Code of the Russian Federation.
If, within the allotted period (at least 2 months), the employee being laid off does not agree to take another position, then the employer has the right to terminate the employment contract. True, before this he must notify the enterprise’s trade union (if there is one) and the employment center in advance.
If the employer receives the written consent of the redundant employee, the employer may terminate the contract with him before the 2-month period established in paragraph. 2 tbsp. 180 Labor Code of the Russian Federation. In this case, the employer will have to pay compensation to the employee (paragraph 3 of Article 180 of the Labor Code of the Russian Federation).
Other guarantees to which laid-off workers are entitled are mentioned in paragraph 3 of Art. 13 of the law of April 19, 1991 No. 1032-1.
Read more about personnel documents at the enterprise you can find out from our article .
What documents are needed to formalize a staff reduction?
The final dismissal of an employee due to staff reduction is preceded by the following stages:
- Issuance of an order to carry out a number of activities at the enterprise related to staff reduction. This document should not be confused with a dismissal order due to layoffs, which is issued personally for each laid-off employee. The order to carry out measures for the upcoming reduction indicates the date of the upcoming reduction and records the planned changes in the staffing table. The notice period for layoffs should not be less than 2 months, and if mass reduction- 3 months.
You can familiarize yourself with the procedure for filling out the staffing table when studying our article .
- Drawing up notices for employees subject to layoffs and handing them over against signature. Such a notification must contain information about the upcoming reduction, as well as a proposal to transfer to another position (Article 180 of the Labor Code of the Russian Federation). The employee who has been laid off must decide whether to accept this offer or not. In case of refusal, the employer may continue to offer the employee who has been laid off to fill any vacancies that arise until the day of dismissal. If the employee has not given his consent to the transfer, he will be fired.
How to draw up a layoff order?
On the day of dismissal of an employee who has been laid off, a dismissal order is issued. It indicates the basis for dismissal with reference to clause 2 of Art. 81 Labor Code of the Russian Federation. In the line in which it is necessary to indicate the basis document, a reference is made to the order to carry out a number of activities related to staff reduction, displaying its date/number.
The dismissal order is drawn up by a personnel employee and signed by the head of the enterprise. A reference to the order of dismissal due to reduction is entered in the work book on the same line with the entry on termination of the employment agreement (contract) due to staff reduction.
Where can I find a redundancy order form?
The form of the initial order to carry out a number of activities related to staff reduction has not been approved, so this document can be drawn up in any format. It indicates the positions being reduced and the grounds for dismissal. The order is endorsed by the person responsible for maintaining personnel records face. This designated employee will be tasked with complying with the conditions listed in Art. 180 Labor Code of the Russian Federation. In some cases, a commission may be created to carry out staff reduction measures - this is also indicated in the order.
Employers prefer to use the unified T-8 form when drawing up a dismissal order due to staff reduction. Although this form is no longer mandatory for use, it is still the most convenient of all that could be invented. This is the form used in many HR software products.
You can download the order form, modeled after the current T-8 form, on our website.
Where can I download a sample order?
Due to the fact that dismissal due to staff reduction is the most problematic (dismissed employees often challenge dismissal, pointing out that due procedure was not followed), it is important to thoroughly follow the procedure established by law and correctly draw up a dismissal order.
An order to reduce staff is issued when the enterprise needs to change the number of employees. There are many reasons for reducing the number of employees at an enterprise.
The manager can make such a decision to optimize production and stimulate the remaining employees. In this case, a combination of positions and an increase in wages may occur.
Another reason is automation, the introduction of new scientific developments, which necessitates staff reductions. Downsizing is often made during periods of crisis when the organization is experiencing financial difficulties.
Order on upcoming reduction- This is the first document that should be issued to the employer after a decision is made to reduce staff. On its basis, all subsequent procedures related to changes in the number of employees are carried out.
The main requirement for this document is that it must be published no later than 2 months before the planned reduction, and if mass dismissal- within 3 months.
Filled out in free form, not according to a template. There is no single approved form. The main requirement is that it must be in writing.
Attention! Orders to reduce staff serve initial stage procedures for reducing the number of personnel and the basis for employee reductions. Their details must be included in notifications sent to the employment service, trade union organization, and in orders for the dismissal of each employee.
A date is indicated that serves as the starting point for determining the timing of the dismissal procedure and is the basis for the introduction of a modified staffing table.
Types of reduction orders
Before issuing an order, you should determine what specific procedure is being performed and what order needs to be created.
When the number of employees of an enterprise decreases, 2 types of orders can be issued:
- On reducing the number of employees. The number of employees in a particular position is being reduced. For example, the number of cleaning staff can be reduced from 5 to 3 people.
- About staff reduction. Provides for the exclusion of a particular position. For example, the head of an organization can eliminate the staff position of an economist. At the same time, a change in staffing occurs. All economists will be fired.
In many cases, there is a simultaneous reduction in staff and number of employees. This situation requires the issuance of an order to reduce numbers and staff.
This option is more common than the previous two. It is necessary to indicate the positions excluded from the staffing table, the number of units being reduced for each of the remaining positions.
Reduction without dismissal
Downsizing is usually accompanied by the dismissal of employees. But sometimes an enterprise needs to make changes to the staffing table without firing staff. Then management initiates a document on reducing staffing levels. There is no need to notify the employee 2 months in advance, since his dismissal is not expected.
The HR department issues a draft order for layoffs staffing unit, a trial sample of a new staffing table is being developed. The effective date of the new staffing table must be indicated. This document is not presented to employees; their signatures should not be on it.
How to fill it out
The order is prepared by an employee of the HR department based on the decision of the owners of the enterprise to optimize costs and reduce the number of personnel.
When filling out, remember that there is no single form, but you must enter the following data:
- Full name of the enterprise.
- Below in the middle is the word “Order”.
- Next is the name settlement, date, order number.
- Introductory part, which indicates the main purpose of the document (2-3 lines in free form).
- Motives, reasons for the upcoming reduction in personnel numbers.
- From a new line - the word “I order”, which is recommended to be highlighted in some way: written in the center, highlighted in color, or written in capital letters with spaces.
- A list of positions that will be affected by the reduction, or the number of employees to be dismissed, with a mandatory indication of the number in numbers.
- Details of the act on changes to the staffing table. If such an act does not exist yet, an order to this effect is made.
- The list of persons who are included in the commission for control over the full procedure are responsible for notifying laid-off workers and selecting vacancies.
- Manager's signature.
At the bottom are the signatures (with transcripts) of the persons who were familiarized with this document.
The manager must ensure that a valid reason for the planned reduction in staff is indicated. Otherwise, any commission may consider the document a violation of rights and demand restoration of the position.
Important! Note good reason is a guarantee that the commission from the service for the protection of workers' rights will not consider the manager's actions unlawful. He will have to pay a large fine if the dismissal was illegal or assistance was not provided in finding employment for the dismissed persons.
Therefore it is very important correct spelling orders to reduce staff. In addition, it is necessary to familiarize people with this document against signature, otherwise it is impossible to prove that the notice was given 2 months before the proposed dismissal.
A sample layoff order can be found on the Internet, although there is no single form on which to fill out this document. The only thing general requirement– it is published in written form including all necessary information. An example of a completed order is given below.
Attention! It is necessary to include in the document the introduction, the director’s order, and the names of the employees who are entrusted with control. Make sure that the signatures of the manager and those persons who are planned to be laid off are affixed.
Nuances
Every employer must ensure that the inconvenience caused to workers is minimal. Therefore, the reason for dismissal must be valid, and the employee is offered all available vacancies.
The employee is notified 2 months before the planned date of dismissal; he has the right to receive all benefits and payments required by law simultaneously with receipt of documents on the last working day.
Some unscrupulous managers sometimes liquidate a staff position, and after dismissal they open it again. This is done with the goal of getting rid of an individual unwanted person. This action is illegal. It is easy to challenge it in court and be reinstated in your previous position.
Before the manager’s order receives legal force, the situation at the enterprise may change. If new circumstances require it, a previously issued document may be withdrawn.
To do this, the manager issues a new order for the enterprise, which cancels the previously issued document. It is necessary to indicate all the details of the first order, indicate the reasons and grounds for its cancellation. At the same time, employees must be familiar with the new order.
Important! Familiarization, just like notification, is a legal right of any employee; the employer does not have the right to refuse the worker access to documents.
If the employee is not familiar with the order, then it is possible to sue the administration of the enterprise. This should be done within a month.
If the procedure is carried out due to a change in the owner of the enterprise, the reduction in the number of employees and staff should be carried out only after the official re-registration of property. It is important to notify staff promptly of changes in circumstances.
Conclusion
When carrying out the procedure for reducing staff and numbers at an enterprise, it is necessary to carefully comply with all procedural norms, correct design all documents.
Violation of the procedure established by law will lead to the fact that the laid-off employee will be able to be reinstated in his previous position and receive compensation for forced days of absence.
Moreover, even errors in filling out or processing individual documents can be considered by the court in favor of the employee. Therefore, it is recommended to strictly adhere to the norms for filling out the official form, and a sample order for staff reduction can be found on the Internet.