Notification of upcoming staff reduction. What does the Labor Code of the Russian Federation say about layoffs? Job reduction: payments and compensations

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How to properly notify employees of an upcoming layoff so that there are no subsequent claims from the State Labor Inspectorate?

From the article you will learn:

Notifying an employee about layoffs

According to current labor legislation, one of the legal grounds is a reduction procedure regulated by the provisions Article 77 of the Labor Code of the Russian Federation.

However, in order for such a procedure to be legal, it is necessary to correctly draw up a sample notification of and strictly adhere to procedural rules.

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When the decision to reduce is made, it is necessary to consistently implement all the stages provided for by law, including:

mandatory notification to employees staff reduction according to the established pattern;

offering other vacancy options to downsizing employees;

informing the trade union organization and employment service authorities about the upcoming procedure;

At the same time, for each stage of the reduction procedure, the current legislation establishes a number of important requirements, compliance with which is mandatory. This applies, among other things, to notification of staff reductions.

Issuing an order to reduce staff

Issuance of an order, along with notification of , is one of the first and most important stages of the reduction procedure. Care must be taken to ensure that everything is recorded in this document. essential conditions future reduction in the number of employees.

One of the main points of this order is . According to the law, at least two months must pass from the date of issuance of the reduction order to the immediate dismissal of employees.

This requirement, due to the need to notify an employee of layoffs according to the established format, is contained in Article 180 of the Labor Code of the Russian Federation.

In this case, the employer is obliged to offer him a job equal in skill level to his previous work, and a position requiring more low level qualifications.

Note! In the standard case, the employer must offer the redundant employee only those vacancies that are open to him in the same area where he previously worked. However, if this is provided for by the provisions or individual employment contract, the employer may also be required to offer vacancies in another location if they exist.

Notice of employee layoff

Notice of layoff must be sent not only to the employee, but also to other authorities that are involved in the protection process labor rights workers. This is, for example, territorial by region where the organization is located. In addition, if a trade union is organized and operating at the enterprise, it should also be informed about the employer’s plans.

The actual period of such notification for both authorities is similar to the period of notification for the employees themselves and must be at least two months. This period is established by the Labor Code. This is confirmed by the Determination of the Constitutional Court of the Russian Federation dated January 15, 2008 N 201-O-P. However, if the situation at the enterprise suggests , this period should be extended to three months.

Note! The trade union organization of the enterprise must be notified of the upcoming layoff, regardless of whether the workers subject to layoff are members of it.

Notice of job reduction: sample

Sample notification to an employee about job reduction in accordance with does not have a form established by law. Therefore, the employer has the right to formulate its content at his own discretion. However, it is worthwhile to record in as much detail as possible the terms of the upcoming job reduction procedure in order to avoid misunderstandings.

In the header of the document you must indicate:

  1. full name and details of the organization,
  2. last name, first name and patronymic of the employee to whom the notice of staff reduction is addressed,
  3. the department in which he works,
  4. full name of his position.

A compelling reason should be indicated in the text of the document. decision taken about the reduction, as well as details of the document that served as the basis for it. This capacity is usually served by an order . In addition, the date of the proposed dismissal should be clearly recorded.

An employee may consider taking one of the proposed vacancies until the date of planned dismissal. If he makes a positive decision, the employer must .

Note! If the employee does not agree to take any of the positions offered to him, the employer gets the right in accordance with the provisions of clause 2, part 1 of Art. 81 Labor Code of the Russian Federation.

In addition, the document must contain:

    all information about the conditions of the impending reduction has been recorded,

    All necessary signatures of authorized employees must be present, as well as the signature of the employee subject to layoff. It is intended to confirm that he has read the contents of the document and is informed of his rights and obligations in this regard.

Thus, as part of the procedure Proper notification of employees about upcoming changes is one of the the most important stages. It is important that the employer strictly adheres to the deadlines for sending such notice to employees who are being laid off. Otherwise, sanctions may be applied to him as provided for by current legislation for violating the labor rights of employees.


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A reduction in the number or staff of a company's employees is one of the grounds for termination of an 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 (). There is no official explanation of these concepts in labor legislation. In our opinion, the main difference is as follows. When the number decreases, the number decreases staffing units for a specific position, 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 cut may lead to mass dismissal, 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, 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 work book, salary certificates – 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

2 month notice of layoffs — a mandatory stage of the legal procedure for laying off employees at an enterprise. The material presented below explains in detail all the nuances relating to notifying an employee of the upcoming dismissal in this case.

How much notice must be given of a reduction in staff or number of employees?

Know, How long does it take to notify about layoffs?, any employer is obliged, since violation of the deadline established by law can disrupt the reduction measures. The general period for notice of reduction is fixed in Part 2 of Art. 180 of the Labor Code of the Russian Federation, according to which it cannot be less than 2 months.

However, shorter deadlines are established for some categories of employees:

Set shorter deadlines by producing reduction warning, the employer does not have the right, even if the employee himself does not object to this. For example, if employee layoff notice dated 12/20/2016, it is impossible to dismiss him earlier than 02/21/2017, since in this case less than 2 months will pass from the date of notification. It is possible to terminate an employment contract with an employee before the expiration of 2 months from the date of dismissal only if he agrees to early dismissal, but this is only possible with payment additional compensation(Part 3 of Article 180 of the Labor Code of the Russian Federation).

An increase in the period of notice of impending dismissal due to reduction is allowed.

From what moment does the 2 month countdown begin when they are warned of dismissal (explanation using an example)?

The period in question is associated with the termination of employment relations, therefore, to calculate it, the provisions of Part 2 of Art. 14 Labor Code of the Russian Federation. Thus, the two-month period allotted for notifying an employee about upcoming organizational events begins to run from the day following the day the employee is notified. This is confirmed by judicial practice(cassation ruling of the Kirov Regional Court dated November 8, 2011 in case No. 33-3652). So, if the employee was notified of the layoff on December 20, 2016, the two-month period is calculated from December 21, 2016, and dismissal is possible no earlier than February 21, 2016.

The dates of publication of the notice and delivery of it to the employee for review may not coincide with the actual date of the employee’s signature (for example, if on the day of publication of this document he was absent from the workplace). For calculus deadline Only the date of the employee’s actual familiarization with the document is taken into account. Thus, if the notice is issued on December 20, 2016 and signed by the employee on December 21, 2016, notice of employee layoff will come into effect only from December 22, 2016. Accordingly, dismissal will be possible no earlier than 02/22/2017.

What to do in a situation where an employee does not want to sign a notice? The law does not regulate this situation. In practice, the notification in this case is most often read out loud to the employee in the presence of at least 2 witnesses, after which a statement of refusal to sign is drawn up notices due to staff reduction - sample You can see such an act on our website.

Is the notice period for layoffs interrupted?

The period of notice of dismissal is not interrupted, since this is not provided for labor legislation. That is, even if laid-off employees go on vacation or sick leave, this does not affect the course of the period under consideration.

The employer is also not limited in declaring downtime during the notice period for layoffs (Part 3, Article 72.2 of the Labor Code of the Russian Federation). The purpose of giving an employee advance notice of a layoff is to give him time to search. new job. The introduction of downtime does not interfere with the achievement of this goal and does not violate the rights of the redundant person. The corresponding situations were the subject of litigation, during which the workers’ demands to extend work during downtime were declared unlawful (for example, the appeal ruling of the Perm Regional Court dated April 10, 2013 in case No. 33-3367).

Last day of work - how long after dismissal?

The notice period for layoffs is set in months - which means it will end on the corresponding day (date) of the last month of work (Part 3 of Article 14 of the Labor Code of the Russian Federation). In the example above, this number, and, accordingly, the last day of work will be 02/21/2017. If the last day of the term falls on a holiday or day off, then, guided by Part 4 of Art. 14 of the Labor Code of the Russian Federation, the last day of work should be recognized as the nearest working day following the date of actual expiration of the 2-month period (see the appeal ruling of the Moscow City Court dated December 20, 2013 in case No. 11-40290/2013).

IMPORTANT! On the day the layoff notice expires, the employee may be absent from work due to sick leave or vacation. The law directly prohibits dismissing an employee in such a situation (Part 6, Article 81 of the Labor Code of the Russian Federation). Thus, in this case, the last day of the period will be the day the worker goes to work (see the appeal ruling of the Moscow City Court dated December 22, 2015 in case No. 33-48647/2015).

What should the employer do if the employee did not go to work on the last day indicated in the notice of the upcoming layoff, without being on vacation or sick leave?

Court practice shows that if in this situation you dismiss an employee later than the date specified in the notice, then there is a risk that the court will declare his dismissal illegal (see the ruling of the Sverdlovsk Regional Court dated November 12, 2014 in case No. 33-13739/2014). This means that in this case the employee should be dismissed on the day specified in the notice. There is no need to wait until the employee appears (see the appeal ruling of the Moscow City Court dated May 26, 2016 in case No. 33-20462/2016).

Notice of layoff of an employee when he is not at work

At the time the employer issues a notice of dismissal, some of the employees may be on sick leave, and others on vacation. The simplest situation is when the employee is on annual leave. In this case, it is advisable to recall the employee from vacation by familiarizing him with the notice of layoff.

In cases where the employee does not agree or is unable to arrive at work on time annual leave(for example, in connection with being in the territory of another state), as well as in other cases of his long-term absence, the employee can be notified of a layoff in only one way - by sending a letter with a list of attachments and a notification of delivery.

Notice of dismissal due to reduction of staff or number of employees (sample)

Jae if someone else is used in compilation sample notice of staff reduction, it is important to take into account as many nuances as possible. The law does not establish specific requirements for the content of the notification, however, taking into account the requirements of the Labor Code of the Russian Federation and judicial practice The following points can be highlighted:

  1. It must be clear from the document who it comes from and to whom it is addressed (Part 2 of Article 180 of the Labor Code of the Russian Federation contains a requirement for personal notification of the employee, i.e. collective notifications are not allowed).
  2. The basis for the reduction must be indicated in the form of a link to a specific document (order, protocol) on the basis of which the relevant organizational activities are carried out.
  3. If at the time of delivery of the notice there are vacancies that can be offered to the person being laid off, they must be indicated. In this case, the employee is usually explained that with his written consent he can be transferred to the appropriate positions, and if he refuses the transfer, he can be fired. If suitable for the employee there are no vacancies, this must also be indicated.
  4. If the employer is interested in dismissing an employee before the end of the notice period for layoffs, the provisions of Part 3 of Art. 180 of the Labor Code of the Russian Federation on the possibility of early dismissal with the payment of additional compensation.
  5. The notification is signed only by authorized persons, which can be employees who have the right to act on behalf of the employer without a power of attorney (if such is enshrined in the organization’s charter) or a person under a power of attorney. Signing the notice by an unauthorized person will make the dismissal illegal (see definition Supreme Court RF dated October 3, 2008 No. 89-B08-6).
  6. The notice provides space for the person being laid off to sign and indicate the date of familiarization with the document, as well as to express refusal or consent to the transfer if other positions were offered.

Is it necessary to indicate the exact date of dismissal in the notice of dismissal of an employee?

The legislation does not contain a requirement to indicate the date of upcoming dismissal in the notification of upcoming organizational events. It has only been established How much notice must be given about layoffs?(the period during which, after delivery of the notice, the employee cannot be dismissed). The courts note that the requirement to mandatory indicate the date of dismissal would lead to a violation of the rights of the employer, who in good faith complied with the requirement of the law to provide advance warning to the employee about layoffs, and would provide unscrupulous employees with the opportunity to abuse their rights (see the appeal rulings of the Moscow City Court dated October 18, 2012 in case No. 11-22044 and 10.28.2013 in case No. 11-35719).

If the employer wishes, it is possible to designate the employee's last day of work, but the risk of difficulties must be taken into account. Thus, it was already noted above that if an employee is dismissed later than the specified date, the court may reinstate the employee at work, declaring the dismissal illegal.

As you can see, warning about an upcoming reduction is not as simple a procedure as it might seem at first glance. Many dismissals are declared illegal by the courts precisely because of non-compliance. To avoid unpleasant consequences, the employer should be extremely careful at this stage and take into account all possible risks.

Notification of staff reduction is one of the most important documents in completing the procedure. Mistakes made will inevitably lead to litigation. Read about how to prepare it correctly, download a sample document

From this article you will learn:

Notice of job reduction

The procedure for truncation of staff or numbers in a company is one of the most labor-intensive and expensive measures for an enterprise. After management has made the appropriate decision and issued the corresponding order, at least two months must pass before the first layoffs begin.

Position reduction implies the dismissal of all employees holding such a position in a particular department. After signing the order, all employees subject to layoffs must receive notice of the reduction in workforce. The sample is prepared 2 months before the start of the procedure in 2018.

Such a document is sent to the dismissed employee. The release date must be specified no earlier than 2 months from the date of delivery of the notice. The countdown of the due date will begin from the next day. You must obtain written confirmation from the employee that he received the notice, date and signature.

It is most convenient to prepare the paper in two copies. Give one to the employee, and on the second, receive confirmation of delivery from him.

The possibility of dismissing an employee before the expiration of the period specified in the notice is also prescribed.

Find the sample document you need by personnel records management in the magazine "Human Resources Directory". Experts have already compiled 2506 templates!

Notice of job reduction without job offer

The listing of a list of vacancies in the notification is not legally required. The Labor Code does not regulate the number of offers to change positions and when such offers should be received by the dismissed person. Part 3 Art. 81 of the Labor Code of the Russian Federation assumes only the fact of an offer. Therefore, the employer may not include vacant positions in the staff reduction letter.

In this case, the notification looks more concise, and the employer will avoid transferring “unnecessary” employees to other departments. At the same time, do not forget that the remaining reduction conditions should not change:

  • date of notification;
  • notice period;
  • date of dismissal;
  • grounds for dismissal

And on the day of dismissal, in any case, it is necessary to familiarize the employee with such a list. Familiarization must be made against signature to confirm the fact itself. This will protect the interests of the employer in the event of labor disputes.

Notice of staff reduction

A staff reduction differs from a job reduction in that only a few staff positions are cut, rather than the entire position being eliminated. The grounds for dismissal and notice periods do not change.

When choosing a candidate for layoff, you should take into account the priority in remaining employed (Article 179 of the Labor Code of the Russian Federation). The main criterion for leaving is the best qualifications and job performance. The employee’s level must be documented (diplomas, certificates, knowledge tests, etc.).

Under equal conditions, priority is given to:

  • family (2 or more dependents);
  • the only worker in the family;
  • who were injured or became ill while working for this company;
  • disabled people of the Second World War and battles;
  • improving skills without interruption from production.

The text of the layoff notice is slightly different from the previous ones; it can also be with or without an offer of vacancies.

New career opportunities

Early dismissal of an employee before the expiration of the notice period

Part 3 of Art. 180 Labor Code of the Russian Federation. The initiative must come from the worker. At the moment when he feels that it is more profitable for him to leave earlier, he submits a corresponding application to the personnel service. It states the request for dismissal before the warning expires and the desired date of departure.

The employer makes redundancy notice on the agreed date, thereby saving himself from forced waiting. In this case, the employee must receive all payments due to him:

  • wages accrued for the current month;
  • compensation upon dismissal;
  • compensation for layoffs.

Compensation for redundancy is calculated based on the average wages per day multiplied by the remaining days until the “planned” reduction.

How to give notice of layoffs

Most often, layoff notices are handed to employees personally against signature. However, there are also “cadres” who refuse to sign. They will not be able to avoid dismissal or delay it. If there is a refusal to sign, an act “On refusal to sign” should be issued. Such an act is drawn up in the presence of several witnesses. And notification begins from the moment such an act is signed.

It is also worth duplicating the document by mail. The letter must be sent to the employee by registered mail with a list of the contents and a return receipt. This method can also be chosen for persons on vacation or on sick leave.

When choosing this notification method, it is worth adding to the notification period the standard time for sending a letter by Russian Post or other postal services. Thus, the warning period can be extended by at least a week.

Reduction is the most difficult procedure. To avoid conflict situations It is important to follow the entire procedure, from the very beginning to the end. This will help not only to part with team members on good terms, but also to avoid questions from supervisory authorities.

IN labor disputes notification of employee layoffs occupies a special place. After all, violation of the order and the timing of its delivery can lead to reinstatement at work. And, that means, during forced absence. In general, it is difficult for an employer to find pleasant moments in such a situation.

Therefore, both for the employer (when preparing a layoff notice) and for the employee (when reading the document), the information below will be useful. You can also check with the site’s duty lawyer for current details of staff or position reductions.

Example of a notice of layoff of an employee

Limited Liability Company "Krona"

OGRN 368961684646 INN 877951354354

legal address: 142019, Russia, Moscow region, Domodedovo, st. Kirova, 20

Shchelokov Igor Valerievich

address: 142016, Moscow region,

Domodedovo, st. Vasilyevskaya, 37-8,

sales manager

economic department

Dear Igor Valentinovich!

In accordance with Art. 180 of the Labor Code of the Russian Federation, we notify you that due to a reduction in the staff of the Limited Liability Company "Krona" (order No. 38 of February 10, 2018), the position of sales manager in the economic department that you occupy is subject to reduction from April 20, 2018 .

According to Art. 81 of the Labor Code of the Russian Federation, we offer you the following vacant positions available in the Company as of February 19, 2018:

  1. Accountant, salary 19,500 rubles.
  2. Purchasing manager, salary 18,000 rubles.
  3. Senior specialist in the economic department, salary 16,000 rubles.

The employment contract with you will be terminated on April 20, 2018 due to a reduction in staff in the event of refusal to fill a vacant position or the absence of vacant positions (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). Upon dismissal, you will be paid severance pay in the amount of average monthly earnings. You will also retain your average monthly earnings for the period of employment after the date of dismissal, but no more than 2 months (Article 178 of the Labor Code of the Russian Federation).

According to Art. 180 of the Labor Code of the Russian Federation, by agreement between the employer and the employee, the employment contract with you can be terminated before the expiration of 2 months from the date of delivery of this notice. IN in this case please make a written statement.

Until the termination of the employment contract, you are required to perform your functional duties in the position being replaced and comply with the internal labor regulations.

General Director of Bolshie S.K.

I have read the notice of staff reduction in the organization and the list of vacant positions. From the vacancies offered to me ____________.

02/19/2018 Shchelokov I.V.

Contents of the notice of dismissal of an employee

The document is drawn up personally for each employee after the order to reduce the number or staff is issued. That is, about the reduction of staffing units (real, not vacant) for a certain position, or the elimination of staffing units for one or more positions.

The notice is required to be drawn up and delivered to each employee subject to layoffs. And it is necessary to familiarize yourself with the document against signature at least 2 months before termination of the contract.

Our example represents the most complete notification in terms of content. Labor Code and other regulatory legal acts do not contain unified form document. Be sure to indicate the number and date of the layoff order, the fact of termination of the employment contract (and date). Vacant positions may also be offered in separate documents. It is important that they are offered before dismissal. The same qualifications (or, if not, a lower position or lower paid job).

How to give notice of layoff to an employee

Since the employee is with the employer in labor relations, serving a notice is usually not difficult. There must be 2 copies of the document. One is given to the employee, the other is for personal use. And on the second copy it is necessary to put the recipient’s signature, date and transcript. Or make up , .

When preparing a notice of layoff of an employee, please note that some employees have additional guarantees (Part 6 of Article 81, Part 2 of Article 261, Part 2 of Article 82, Part 3 of Article 39, Part 2 of Article 405 Labor Code of the Russian Federation), otherwise you will have to satisfy.

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