In conditions economic crisis, dismissal due to staff reduction at an enterprise is forced measure to balance the financial balance. Reduction occurs by reducing the number of employees, while eliminating a specific position from the schedule. For example, the duties of a reduced personnel officer are assigned to an accountant. Due to the current circumstances, citizens who have lost their jobs, the Labor Code guarantees payments and various guarantees, which are regulated by the provisions of Article 180. Therefore, in such situations, it is important to know your rights, what you can count on and how the dismissal procedure works according to the law. This process is provided for in the second paragraph of Article 81 Labor Code RF. It is due to the presence of a number of subtleties and nuances, which cannot be ignored.

Reduction of staff units

The downsizing procedure itself is legal; it is a kind of tool that company management willingly uses when it wants to “optimize” its staff. But since the layoff process is lengthy and costly, some unscrupulous employers ask employees to write a statement at will, explaining this by the fact that the formulation is simpler and the calculation occurs faster. The reduction must be carried out without deviating from the legislation in order to avoid problems with the law. When the screening of staff units is carried out in violation, the employee has a chance to be restored to the previous position workplace, but for this you will have to file a claim in court. Preferential rights when an employee is laid off, allowing him to remain in the organization, are described in Article 179 of the Labor Code of the Russian Federation.

Grounds and reasons for staff reduction

The legislation does not provide a clear definition of the situation when management can carry out the process of reducing subordinates. The grounds in all cases are individual. The definition of the Constitutional Court of the Russian Federation No. 867-О-О dated December 18, 2007 states that staff reduction can be made for any economic need. Responsibility for the process lies solely with the employer. Before starting the case, the order indicates the reasons for the dismissal. Here are the main ones leading to the reduction:

Notifying employees about layoffs

Based on the Labor Code, the reduction takes place in several stages, during which management must comply with the requirements and carry out actions in a strict order:

1. Before reducing the headquarters, an order is prepared 2 months in advance. After indicating the reasons, it is certified by the signature of the authorities (Article 180 of the Labor Code of the Russian Federation).
2. In addition, after the decree is issued, the candidate for dismissal must be given a notice of layoff.
3. Next, employment centers and the trade union are brought up to date.

A company can exclude employees from its ranks without notifying them two months in advance, but then it is obliged to immediately make a calculation and also charge people compensation in the amount of two months’ average earnings (Labor Code, employee reduction, Articles 178 and 180).

Who is the first to be laid off according to the law?

Let's look at how the law determines who will not be laid off at work. Management has a special regard for those employees who have high qualifications and labor productivity. To push them back last resort the management with the commission collects information and evaluates the position and effectiveness of personnel within the headquarters. It is not indicated anywhere how many people should be on the commission; this is decided by the manager based on the scale of the enterprise, the number of workers and other subjective aspects.

Notifying an employee about layoffs

But when there is a choice between identical positions or responsibilities are merged and assigned to one employee, managers and candidates for layoffs must know the law based on Article 179 of the Labor Code of the Russian Federation. In theory, people with high labor productivity should be retained at headquarters. And when the qualifications of employees are equal, it is worth considering that those who have privileges compared to their colleagues will not be laid off. The right to remain at work has:

• an employee who has been injured or caused harm to health in production in this organization;
• a person who has more than two dependents;
• disabled person and combat veteran th;
• an employee who is undergoing advanced training courses, and at the same time works at the enterprise;
• employee, if he is the only breadwinner in the family.

In addition to individual positions, entire divisions, divisions, and departments may be laid off. But, if there are “non-redundant persons” there, then they are transferred to other departments of the enterprise and are not deprived of their jobs. Non-redundant employees are:

When the dismissal process is violated and an employee who fits one of these provisions is fired, an application is filed with the court, after which the person is automatically reinstated. In addition, the court obliges the employer to pay for forced absences to the employee. But those who are classified as “privileged” employees must be compensated a decent amount in the event of layoffs during liquidation of the enterprise.

Dismissal procedure

Abolition of staff positions for any organization is a rather complicated procedure, since deviation from the stages is fraught with litigation for the manager. Let us consider in detail how to correctly lay off an employee through staff reduction. The order of the dismissal stages is as follows:

1. Changing the organization's staffing table And. The newly introduced schedule provides for the actual elimination of the position, and only then the reduction of employees. Afterwards, all amendments are approved by order.

   

   Sample order to carry out reduction measures

2. Coordination of changes and approval of a different schedule. The decree on the intended dismissal is issued at least two months before the operation. When is it planned? mass reduction, employees are notified by order three months in advance. The order indicates the reason why the reduction is taking place, the people responsible for the dismissal process and the timing of implementation are noted.
3. Notification of employment service and trade union. Guided by Part 2 of Art. 25 of the Labor Code of the Russian Federation, the manager must inform the employment authorities and the trade union. Notification is carried out in writing, filed two weeks before the start of action. If a massive layoff is carried out, the trade union organization and the employment service are informed several months in advance. The document should include the position, profession, payment terms for each employee and all other qualification requirements to them. The sent message is recorded in the employer's journal of outgoing documents. The union must voice its decision regarding the notification a week in advance. When a refusal is received, the parties hold negotiations within three days, where positions are agreed upon, the results of which are documented in a protocol. If a common opinion has not been reached, and the head of the company has carried out the reduction, the union files a complaint with the Federal Labor Inspectorate. There they examine the case and make an appropriate decision. When minors work in a company, in order to carry out layoffs, you must first obtain permission from the State Labor Inspectorate and the Commission on Minors' Affairs in accordance with Art. 269 ​​Labor Code of the Russian Federation.
4. Formation of the commission. The commission should include a manager, a lawyer and a representative of the trade union committee.

   

   Formation of a staff reduction commission

5. Notifying employees with individual notification. Each employee is notified personally that a layoff will soon take place; after familiarization, the person must sign. It should be noted that the legislation provides different terms notifications for certain categories of subordinates. The notice is generated in two copies, one goes to the employee, the other remains with management. Afterwards it is registered in the journal of notifications and proposals to employees.
6. Offer of other positions. For those who are subject to dismissal, management is obliged by another order to offer new positions. The document is prepared in two copies. Next, it is registered in the journal of offers to the employee. Copies of responsibilities must be attached with proposed positions for your review. It is important for managers to indicate the period within which the employee must make a decision. All that is required of a person is to decide to move to another place or write a refusal and certify it with a signature. If an employee has expressed consent to take another position, the registration procedure is carried out according to standard scheme. So, after consent, amendments are made to the employment contract by drawing up an additional agreement. Then management issues a decree to transfer the subordinate to another workplace. If within two months the employee has not agreed to any of the proposed vacancies, an order is prepared for him regarding dismissal due to staff reduction due to unified form T-8.
7. Issuing an order to terminate an employment contract A. After review, the document is signed by each dismissed employee. If for some reason the subordinate refuses to read the order, then they act in accordance with Part 2 of Article 84.1 of the Labor Code of the Russian Federation. Afterwards it is registered in the organization’s order journal. Further, the procedure for dismissal due to staff reduction involves drawing up a settlement note, the final settlement with the employee takes place and the handing out of a work book.

   

   List of employees subject to dismissal

8. Settlements with employee(s). On the day of dismissal, according to Art. 84.1 of the Labor Code of the Russian Federation, the employee is also being calculated, including all additional payments, compensation, wages and funds for untaken vacation. Also, during a layoff, a person is awarded severance pay in the amount of average monthly earnings. In addition, the employee retains this benefit for two months until he finds a job. At special situations The payment also applies to the third month of searching. Employment services give permission for this if the person contacts them no later than two weeks after removal from office. As you can see, the rules for laying off workers at an enterprise and the labor code provide that payments can be issued not immediately, but in stages. Thus, salary, vacation compensation and severance pay are paid during dismissal. The rest is credited after the second and third month according to the conditions described above. The salary is calculated in full with all allowances; a hundred percent amount is paid for unused vacation if the person has worked for more than five and a half months.
9. Issuance of a work book. First, the relevant entries are made in the work book. Then the fact of issuing the document is recorded in the work record book. Make a copy of the document of each dismissed employee for the organization’s archive. They hand over the labor. When a person does not show up for a document, a notification is sent to him by email. As soon as the notification has been sent, the organization ceases to be responsible for the delay of the document (Part 6 of Article 84.1 of the Labor Code of the Russian Federation). If an employee comes and picks up a work record book, then he confirms the fact of receipt by signing in the work record book.

When a person is sick or on vacation on the day of layoff, his dismissal is postponed until he recovers or ends his vacation.

What to do if staff reduction is coming

How to behave correctly when making redundancies?

Employees who are included in the elimination list need to know their rights:

1. Look through the list of privileged persons, perhaps you are among them. If you notice a violation, you need to notify the head of the organization in writing and demand correction on both copies of the documents. If management does not take any measures, you can go to court, the prosecutor’s office or the Rostrudinspectorate.
2. Insist on another position if you are not offered anything. If you are not satisfied with the options presented, then the refusal must be recorded on paper.

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   What to do if you are laid off

   Step-by-step instructions for leaving work

   I have been doing nothing for three months now and getting paid for it. For some it is a dream, for me it is a necessary necessity.

   Albina Khasanshina

   got laid off

   In September 2017, I and 20 of my colleagues received written notifications about upcoming reduction state. I heard that when a layoff is made, compensation is due, but at that time I didn’t know what kind.

   I was not too lazy to figure it out, so for another three months after the layoff I was paid my full salary, and after that I received unemployment benefits.

   Everything is according to the law

   The events of this article are based on legal reduction. This doesn't always happen.

   Sometimes employers use layoffs to fire employees without objective reasons. At the same time, they eliminate one position and come up with another - formally new, but with the same responsibilities. After that, they simply hire the employee they like best. For example, pregnant women, women on maternity leave, or single mothers are often fired because they do not want to pay them maternity leave or hire temporary employees in their place. This is illegal, and if the case goes to court, the court usually sides with the employee.

   

   When there is a legal reduction, it also happens differently. If an employee received part of his earnings in an envelope, then after the reduction the payments will be less than his salary. And if he was not registered as a staff member, then when he is laid off, they will simply say goodbye to him and will not pay him anything.

   All these are topics for separate articles. In my case the salary was whiter than snow, and the department was actually reduced. If this is not the case for you, then you will have to act differently.

   How does a layoff differ from a layoff?

   Retrenchment is the process by which an employee is fired and their position is eliminated. If, during a regular dismissal, another specialist is hired to replace an employee, then during a layoff, this will not work.

   

   My company closed an entire department and warned all employees about it two months before the layoff. A week before the layoff, eight colleagues were asked to transfer to a new department. Some employees are given preferential right to remain at work, while others cannot be fired at all, even if the staff is reduced. I wasn't one of them. Until November 20, I worked as usual and was preparing for layoffs.

   
   

   Bypass sheet

   A bypass sheet is a document that confirms that the company has no claims against the dismissed employee. When I got a job, the warehouse provided furniture and work clothes, the office provided a computer, the system administrator created account. In order to protect itself from unnecessary expenses and disclosure of trade secrets, the employer stipulates in the employment contract that the employee himself is responsible for the condition of the property and the consequences of the dissemination of information.

   The office and warehouse employees checked that I had not damaged the property, the IT department deleted the account, and the pass office took away my ID. Each employee put a mark of receipt and signature on the bypass sheet. Then I took my work book.

   On the day of dismissal, the HR department makes an entry in the work book about the reason for termination employment contract. In my case it was “reduction of the organization’s workforce.” Under the personnel officer’s note, I signed that I had read the order and agreed with the changes made to the work book.

   Final settlement

   On the day of dismissal, employees are paid wages for days worked in the current month, compensation for unused vacation and severance pay in the amount of average monthly earnings. Money is credited to the card in one amount.

   To figure out how much I was paid and for what, I turned to the accounting department. I was given a payslip.

   What was on the payslip

   Salary

   RUB 50,731

   Severance pay

   RUB 62,475

   Compensation for 16 days of vacation

   RUB 23,942

   Severe climate surcharge

   3922 R

   RUB 141,070

   Along with the payslip, I immediately asked for three certificates.

   Certificate 2-NDFL for this year to receive a tax deduction for education, treatment or apartment. A new employer also needs this certificate to see if a person has the right to standard deductions, for example, for children.

   Certificate of salary for the last three months. You will need it when calculating benefits at the employment center.

   After accounting, I went to the local employment center.

   
   

   Employment Center

   The employment center is a place where laid-off employees are helped to find work and not die of hunger during the search. It looks like this: after your dismissal, you register with the center, come once every two weeks, receive a list of vacancies, select one or two from it and go for an interview. And so on until you find new job.

   As long as you do not miss visits and are looking for work in good faith, the employment center will ensure that you receive compensation. If you are laid off, your former employer pays them for the first three months in the form of an average salary. After this, the state pays unemployment benefits.

   The employer issues the first compensation upon settlement, the second - two months later, the third - another month later. You will receive the second and third compensation only if you have not yet found a job: formally, this means that there is no entry in the work book.

   To receive compensation for the third month, you need to register with the employment center within two weeks after the layoff. If you come after 14 days, the service will register the application, but according to the labor code, the employer will not be able to pay compensation for the third month. In addition, to receive the last part of the compensation, the employer must bring a certificate from the employment center about the decision to keep it for you.

   Earnings for the third month is an exceptional payment; the employer needs ironclad reasons for it. It is paid if the employee is the only breadwinner in the family or, for example, supports elderly parents.

   Your inspector will help you at the employment center. When you come for the first time, he checks your documents, creates a dossier and offers the first vacancies.

   To register with the employment center, take with you your passport, insurance certificate, Taxpayer Identification Number (TIN) and diploma. If you don’t have a diploma, any education document will do. Also, take your work book, a certificate from your previous place of work about your average earnings for the last three months, and a card to which compensation will be transferred - you will be asked for its details.

   Within 10 days after registering at the center, you will be assigned unemployed status. From now on, in addition to help in finding a job, you can consult on organizing your own business, participate in paid public works, ask for financial assistance, receive early retirement and undergo vocational training. All this is at the expense of the state.

   If you start receiving any money other than unemployment benefits or compensation from former employer, the employment center stops all payments and removes you from the register. This can be not only a new job, but also your own business, work under a civil contract, study with a scholarship, pension and even public Works.

   Payments will also stop if you miss your appointment without a good reason. Good reason illness or death of relatives is considered. To prevent the employment center from deregistering you, call your inspector immediately after the doctor, and on your next visit bring him sick leave or a copy of the death certificate.

   If you receive money for freelancing, payments will stop

   The Job Center is your friend in need. If you are no longer in trouble, there will always be someone who needs money more. If you try to deceive the center and do not say that you have started working, it will find out about it upon request to the Federal Tax Service and Pension Fund and the entire amount of benefits will have to be returned.

   I registered with the employment center the day after I was fired. On the same day, the center began to find me a job.

   Vacancies

   Everyone who is registered with the employment center is given a job based on their level. vocational training, conditions of the last place of work, health status and transport accessibility. The center’s specialists also try to take into account the average salary at the last place of work, if it was above the subsistence level. A certificate from the accounting department with income for the last three months will be useful here. If there are no suitable vacancies, or if you are looking for a job for the first time or after a year-long break, the specialist will offer any paid option.

   Each visit, the inspector printed out a new list of vacancies for me. The journalist or correspondent I worked for previously was not needed anywhere, and other vacancies didn’t appeal either. But I still had to choose some vacancies and go to interviews. As they explained to me at the employment center, if the dossier is empty, they will not issue me a certificate and I will not receive a third secondary education. monthly salary from a former employer. I was advised to go to interviews at least once every month and a half.

   I checked the box next to the selected offer and signed, after which I was given a referral for an interview.

   Interviews

   Within three days after receiving the referral, you must undergo an interview with a potential employer. The direction contains the name and address of the company, as well as the telephone number and position of the employee with whom you will communicate. Based on the results of the interview, the company employee writes down his decision directly from the employment center. If it is negative, he explains the reason there.

   If the interview was successful, but you did not like the working conditions, then you also write the reason for the refusal in the direction. This could be, for example, low salary, inconvenient schedule or high workload. However, it is better not to abuse this: after two such refusals, the employment center will not issue a certificate or will stop unemployment payments for three months.

   The only situation where you can refuse a job and it will not affect your record is if your previous job made more than the living wage, and your new job pays less than that.

   I was offered work in a telecommunications company, in a bank and in the MFC. But I don't know how to sell, government institutions I didn’t work and had no experience in the proposed vacancies. I brought the directions with the reason for the refusal on the part of the employer, the date, signature and seal to the appointed visit to the employment center and handed them over for the dossier.

   
   

   In parallel with visiting the employment center and checking out its vacancies, I looked for a job on my own - on Headhunter and in special channels on Telegram. I understood that the employment center would not find a job equivalent to the previous one, because there were no vacancies in my profession, and for the rest I did not have enough experience.

   Every response phone call, the letter and the interview, I recorded in a special sign - an individual plan for an independent job search.

   Independent job search

   An individual plan for an independent job search is a document that shows that a person is interested in finding a job as quickly as possible and is actively searching. The plan assumes that the unemployed will attend other interviews in addition to the vacancies offered by the employment center.

   It is not necessary to look for a job on your own, but employment center inspectors strongly recommend that anyone who wants to receive a third of the redundancy payment from their former employer do so.

   The fact is that the certificate is issued by employment center lawyers based on the dossier. From the dossier, the lawyer should be left with the impression that you were actually looking for a job, and did not check in at the employment center for show. There are no formal criteria in the law for which a lawyer must issue you this certificate, so the decision remains at his discretion.

   You can achieve a lawyer’s favor without searching for a job yourself, only through referrals from the employment center. But if the offered vacancies do not suit you, and employers want to hire you, you will have to refuse them yourself. Because of this, the lawyer may decide that you do not need the job and not issue a certificate.

   Therefore, it is safer to look for a job yourself and write down the results in an individual plan, and follow directions from the employment center to go only to those interviews that you are really interested in or where the employer is most likely to refuse you.

   An individual plan is issued at the employment center. This is a table in which you need to record the date, stages of completion and the result of the interview.

   Independent job search does not replace scheduled visits to the employment center. If you miss a visit, even three completed individual plan sheets will not help and the unemployed person will be removed from the register.

   
   

   Total: compensation from the employer

   I did everything on time, so in three months I received 188,000 rubles from my employer.

   My former employer paid me my first compensation in advance upon my dismissal. Two months later, I came to the accounting department for the second allowance. I took my work book with me, in which the accountant checked that there were no entries about the new place of work.

   Another month later, before the last payment, I needed to receive a certificate from the employment center. To do this, I brought to the center a completed individual plan for an independent job search.

   188,000 R

   for three months I received from my former employer as compensation

   The specialist needed three referrals from the center and four interviews from an independent search. I was referred to a lawyer, who also checked whether I attended the employment center on time and whether I had income on the side. I was given a certificate, and I went to the accounting department to receive the last payment.

   My employer was responsible and did everything according to the law. You can't blame the company for having to cut staff. Sometimes this helps to maintain solvency in front of other employees: pregnant women, sole breadwinners, or those with many children. But there are companies that do not pay compensation in full and on time in the hope that employees do not know about the payments and will not demand anything. Or there is such a mess in the company that there is no time for compensation. In this case, you should not wait, but demand your due: first politely, then in court.

   I know of a case where an employee was laid off and compensation was paid only for a month. He didn't know what was due for two more. And he wouldn’t have known if his wife hadn’t figured it all out herself. Then they wrote a polite letter to their former employer, but were already mentally preparing for the trial. The letter was drafted without a lawyer - they wrote it in their own words. This helped almost instantly: the former employer immediately requested the details and paid all the money a week later. They only asked for a certificate from the employment center.

   If the employer does not cooperate, you can demand payment, penalties and moral damages through the court. It's practically a win-win situation.

   Unemployment benefit

   When compensation from the former employer ends, the employment center begins to pay unemployment benefits. Payments are due to everyone who is registered and worked for at least 26 weeks before dismissal.

   The Law “On Employment in the Russian Federation” states how unemployment benefits are calculated. Payments depend on the average salary for the last three months at the previous place of work. For example, the first three months after receiving the last compensation from the employer, the benefit amount is 75% of the previous salary, then another 4 months - 60%, and then - 45%.

   But there is a clause in the law that payments cannot exceed maximum size unemployment benefits in Russia. In 2018 it is 4900 rubles.

   4900 R

   the amount of unemployment benefits in Russia. There are also regional bonuses, but not everywhere

   In some regions, the benefit is slightly more than the maximum amount, because it is also multiplied by the regional coefficient. It depends on the climatic conditions in which a person lives and works. The more severe the weather, the higher the surcharge. For example, in Moscow and St. Petersburg there is no coefficient, but in the polar regions of Yakutia or Chukotka it is equal to two. I live in Yekaterinburg, here the coefficient is 1.15. Therefore, my unemployment benefit is 5,636 rubles per month.

   Payments of unemployment benefits have not yet begun, but knowing their size, I understand that it will be difficult to live on them. I haven’t found a job yet, but I decided to deregister with the employment center and try myself in the role of individual entrepreneur.

   What to do when downsizing

   1. Make sure that the company has no claims against you. Hand over everything that is written on you and agree with the responsible persons. This will save you from going to court with your employer.
   2. Obtain the necessary certificates immediately after dismissal. It’s better to keep them at home than to ask the accounting department every time.
   3. Within 14 days after dismissal, register with the employment center. This way you can claim compensation from your former employer for the second and third months.
   4. Strictly follow the rules of the employment center. The first rule is not to talk about the employment center. Sorry. Of course, the first rule is to show up on the appointed days, go to interviews, look for work on your own and keep the employment center up to date.

   what to do if you are laid off or liquidated

   Today I propose to discuss these types of termination labor relations How - termination of an employment contract due to staff reduction or in connection with the liquidation of the employing organization
   First, you need to understand the grounds for layoffs; Article 81 of the Labor Code of the Russian Federation provides for two grounds, namely, in the case of:
   - liquidation of an organization or termination of activities by an individual entrepreneur;
   - reduction in the number or staff of employees of an organization or individual entrepreneur.

   General features of dismissal due to reduction:
   The downsizing procedure begins with an order for the enterprise or its separate division. The employer is obliged to issue an order to change the staffing table and reduce the number or staff of the organization's employees. This order indicates the reasons (grounds) for the reduction, determines the list of departments or individual positions that are subject to exclusion from the staffing table or a reduction in the number of staff units for these positions. The terms of reduction of these positions and the dates of termination of employment contracts are determined. The order must also contain information about responsible persons for the implementation of all personnel activities specified in the order. If there is a trade union at the enterprise, then its opinion is mandatory is taken into account, and a trade union representative is included in the commission.
   Regardless of the grounds for reduction, the employer is obliged in accordance with the requirements of Art. 180 of the Labor Code of the Russian Federation, notify the employee whose position is subject to reduction, notification is carried out personally, against signature, no less than two months before the date of termination of the employment contract.

   Payments upon dismissal due to reduction:
   - wages for the 2 months that the employee worked after receiving notice of layoff;
   - compensation for unused vacation (if it was not used by the employee before dismissal);
   - severance pay for the first month without work in the amount of average monthly earnings on the day of dismissal;
   - payments in the amount of average monthly earnings during the second and third months after termination of the employment contract (provided that the employee does not find a new job during the specified period of time), the payment is made on the basis of the work record book;
   - payments in the amount of average monthly earnings during the fourth, fifth and sixth months after termination of the employment contract (provided that within two weeks the employee registered with the employment center and was not employed by him), the payment is made on the basis of the decision of the Employment Center.
   It is also worth considering that, in accordance with Art. 180 of the Labor Code of the Russian Federation, the employer, by agreement with the employee (with his written consent), has the right to terminate the employment contract with him even before the expiration of the two-month notice period. In this case, the employee is paid additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal period.

   Dismissal under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation (reduction of the number or staff of employees of an organization, individual entrepreneur):
   V in this case in addition to the mandatory notification of the upcoming reduction in accordance with the requirements of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to offer the employee all vacancies corresponding to the employee’s qualifications, including a vacant lower-level position or lower-paid job available to him in a given area, as well as vacancies in other areas, if this is provided for by a collective agreement, agreements or employment contract.
   It is worth noting that refusal of an offered vacancy does not deprive the employee being laid off of the right to receive the benefits established for him labor legislation guarantees and payments. The listing of vacancies (if any) is offered only because the employer is required to do so. The employee has every right to refuse the offered vacancies and terminate the employment relationship under clause 2 of Art. 81 Labor Code of the Russian Federation. In my practice, there have been cases when employers, reducing staff numbers, presented this to the employee as a change determined by the parties terms of the employment contract for reasons related to changes in organizational working conditions, and after refusing the offered vacancies, the employee was fired under clause 7 of Art. 77 of the Labor Code of the Russian Federation without appropriate guarantees and payments. Subsequently, these workers were restored to their rights by the court. The procedure for dismissal under clause 7 of Art. 77 of the Labor Code of the Russian Federation is explained in sufficient detail in Art. 74 of the Labor Code of the Russian Federation, which deals with changes in working conditions, for example, the schedule, volume, nature of work performed or the amount of remuneration for certain positions, provided that the positions themselves remain in staffing table enterprises. If we are talking specifically about a reduction in staff numbers, then along with the notification the employee receives a list of available vacancies; within the time period established by the notification, he must in writing notify the employer of his decision.
   an example of such a response:
   General Director of LLC "Enterprise"
   from (position, surname, first name, patronymic)
   In response to your notice of dismissal due to a reduction in the number of employees of Enterprise LLC dated December 3, 2016. I inform you that, in accordance with paragraph 1 of the order for LLC "Enterprise" dated December 1, 2016 No. 50, the position I currently occupy - shop foreman, as of February 3, 2017, is removed from the staffing table, i.e. is shrinking. I do not agree with the vacancies offered to me.
   In accordance with the above, I agree with the termination of the employment contract (indicate date and number) under paragraph 2 of Article 81 of the Labor Code of the Russian Federation from February 3, 2017.
   Important: All correspondence with the employer must be conducted exclusively in written, paper form, and copies of responses with registration numbers must be registered and kept for yourself.

   Preferential right to remain at work in case of layoffs number or staff of employees:
   according to Art. 179 of the Labor Code of the Russian Federation - the following categories of employees have a preferential right to remain at work when the number or staff of an enterprise is reduced:
   - with higher labor productivity and qualifications;
   If labor productivity and qualifications are equal, preference in remaining at work is given to:
   - family;
   - if there are two or more dependents (disabled family members who are on full content employee or receiving assistance from him, which is their permanent and main source of livelihood);
   - persons in whose family there are no other workers with independent income;
   - employees who received during the period of work of this employer work injury or occupational disease;
   - 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, the collective agreement (if any) may provide for other categories of workers who enjoy a preferential right to remain at work with equal labor productivity and qualifications.
   In organizations with large staff numbers, when reductions affect a large number of workers, including those who have a preferential right to remain at work, a redundancy commission is usually created. The task of this commission is to individually review each employee subject to dismissal and make a decision regarding which of them has more grounds for remaining at work, taking into account all the circumstances. The commission's decision is made in writing, and each laid-off employee has the right to familiarize himself with it. If an employee does not agree with the commission’s decision, he has the right to challenge it, both directly with the employer and in court.

   Dismissal under paragraph 1 of Art. 81 of the Labor Code of the Russian Federation (liquidation of an organization or termination of activities by an individual entrepreneur):
   You should know that, unlike abbreviation staffing level upon liquidation of an organization, the employer has the right to dismiss all employees without exception, including those for whom the labor code establishes additional guarantees for dismissal at the initiative of the employer. Such employees include employees under the age of 18, pregnant women, employees on leave (including for child care), on sick leave, etc. This is explained by the fact that the employer company actually ceases to exist. However, in this case, it is necessary to understand the question of whether this process is really the liquidation of the organization. Clause 28 of the Resolution of the Plenum Supreme Court of the Russian Federation dated March 17, 2004 No. 2, it was determined that the basis for the dismissal of employees under paragraph 1 of part one of Article 81 of the Labor Code of the Russian Federation can be a decision on liquidation legal entity, i.e. a decision to terminate its activities without transferring rights and obligations by way of succession to other persons, adopted in the manner prescribed by law (Article 61 of the Civil Code of the Russian Federation).
   Repeatedly in my practice, I have encountered cases where an enterprise was liquidated in words, but did not actually cease its activities. Under the guise of liquidation, the name, composition of the founders, legal address, but in fact the company continued to operate simply under a different sign. In such cases, we are talking not about liquidation, but about reorganization of the enterprise. Accordingly, the employer’s application of clause 1 of Art. 81 of the Labor Code of the Russian Federation is illegal, such situations are regulated by Art. 75 Labor Code of the Russian Federation.

   If you think that your labor rights If staffing reductions or employer liquidation have been violated, please contact a lawyer specializing in labor relations and disputes for clarification. Remember that the labor code establishes very short time to resolve labor disputes in court, especially in cases of illegal dismissal, due to the fact that the period for filing a claim in court for reinstatement is only one month from the date of dismissal.

   You can make an appointment or get a free* consultation by phone
   in Surgut: 8-9222506917

   *Free lawyer consulting on issues of labor relations and disputes for privileged categories of citizens (pregnant women, women on maternity leave under 3 years of age, working disabled people) are held on Wednesdays and Fridays from 18.00 to 20.00.

   Given the difficult economic situation in the country, staff reductions are not a rare occurrence. Even highly qualified employees are not immune from it, but some have preferential rights. From this article you will find out who gets laid off first, who is given preference at equal skill levels, and who cannot be fired at all on this basis.

   What is an abbreviation

   There are 2 concepts - downsizing and downsizing. In Art. 81 of the Labor Code of the Russian Federation does not spell out the differences between them. In practice, the difference is also insignificant. When staffing is reduced, the position remains on the staff list, but the number of people occupying it decreases. When staffing is reduced, the position is eliminated.

   The reasons for downsizing at an enterprise are:

   1. Difficult economic situation in the country.
   2. Merger, reorganization or accession of companies.
   3. Internal optimization.

   Who gets laid off first and why?

   Interesting information

   Not only specific positions, but also entire divisions, divisions, and departments may be subject to staff reductions. The employer has every right to do this. However, in both cases, during layoffs, respect for the rights of workers is mandatory, and those who are not allowed to be fired must remain at the enterprise. If entire departments are going to be cut, then employees who have “special” rights should be transferred to other departments.

   Let's look at who gets laid off first at work and on what basis. The employer determines preferential rights, and a certain algorithm is provided for this:

   1. From all candidates for dismissal, employees who are prohibited by law from being laid off are excluded. According to Art. 261 of the Labor Code of the Russian Federation, these include pregnant workers, mothers of children under 3 years of age, single parents with children under 14 years of age or disabled children under 18 years of age, as well as some others. It is prohibited to dismiss employees on maternity leave due to layoffs (Part 4 of Article 256 of the Labor Code of the Russian Federation and Part 6 of Article 81 of the Labor Code of the Russian Federation).
   2. The remaining workers are assessed on their skill levels and productivity. The comparison is made between employees who occupy the same positions created within the same structural unit. Correctly evaluate the qualifications of two leading accountants working in the same department. It is incorrect to compare a leading specialist and a category 2 accountant - this is indicated in the appeal ruling of the Moscow City Court No. 33-27711/2015 dated 08/06/2015. Similar rules apply to the assessment of labor productivity.
   3. If the comparison reveals equal levels of qualifications and labor productivity, then the family circumstances and other benefits when an employee is laid off. There is one exception. If a position is abolished or all staffing units one position, then preferential rights are not taken into account. This is indicated in the appeal ruling of the Moscow City Court No. 33-1708 dated January 22, 2015.

   What are preemptive rights and who has them?

   Given equal levels of qualifications and labor productivity of employees, preference is given to those who have advantages in the reduction of staff. According to Art. 179 of the Labor Code of the Russian Federation, the following categories of workers can apply for job retention:

   • family people who have two or more dependents (minor children, other disabled family members who are fully supported by the employee or regularly receive assistance from him, representing their permanent and main source of livelihood);
   • the only “breadwinners” in the family are employees whose families do not have other people with a regular income;
   • employees with injuries and occupational diseases received while working in this organization;
   • employees who are currently improving their qualifications in the direction of the employer.

   If you were illegally fired due to layoffs, you need to contact several authorities. First, send a written application to the organization's trade union. The union must consider the complaint within a week. This case may also be considered by the Federal Labor Inspectorate and the prosecutor's office. If the trade union and the labor inspectorate do not reveal any violations, then a lawsuit must be filed.

   • military spouses;
   • military personnel transferred to the reserve;
   • authors of inventions;
   • disabled people of the Second World War and combat operations;
   • persons affected by radiation;
   • and some others.

   Preferential rights to remain at work may also be provided for by internal collective agreements in the company.

   How employees are compared

   Some facts

   Upon termination of an employment contract due to the liquidation of an enterprise, or a reduction in the number or staff of a company's employees, the dismissed employee must be paid severance pay in accordance with the average monthly salary. For a dismissed employee, the average monthly salary is recorded for the duration of the job search for 2 months from the date of dismissal.

   The law does not describe specific requirements for the procedure for identifying the preferential rights of employees. Practice shows that courts place more trust in the decisions of commissions when recording the results in writing.
   Here are the main nuances that should be taken into account when comparing candidates for reduction:

   1. It is recommended that the commission include heads of departments where staff reductions are planned, as well as members of the trade union organization and specialists from other structural divisions (lawyers, personnel officers, those responsible for quality control, etc.).
   2. An order should be issued to organize the commission, defining the competence of each of its members. Personnel officers may be responsible for providing information about penalties and incentives imposed. Department heads should be entrusted with the generation of work reports, compilation of characteristics, etc.
   3. It is advisable to draw up pivot tables, which reflects the results of comparing the qualifications and labor productivity of workers according to a number of criteria.
   4. The commission's findings should be recorded in the official minutes of the meetings.
   5. The commission must make its conclusions based on the results of comparing the labor productivity of each employee, taking into account the entire set of criteria. The decision that one employee has more than high qualification, because the second has less experience, the court finds it illegal.
   6. If candidates for layoff are registered in a trade union and regularly pay membership dues, the employer is obliged to take into account the opinion of this organization on the advisability of dismissing a particular employee. This is the requirement of Part 2 of Art. 82 Labor Code of the Russian Federation.

   Watch a video that will tell you about the categories of workers who are prohibited from being laid off

   List of persons who cannot be dismissed due to reduction

   The list of those who cannot be laid off by law includes the following categories of workers:

   • temporarily disabled persons;
   • employees on leave (including student leave and unpaid leave);
   • mothers of small children under 3 years of age;
   • women and men raising alone a child under 14 years of age or a minor child with a disability;
   • members of the trade union organization.

   Those who cannot be laid off from work also include pregnant employees and women on maternity leave. If an employee from the “untouchable” category is nevertheless fired due to staff reduction, he will be reinstated at work automatically by court decision.

   We are ready to answer any questions you may have - ask them in the comments

   Our readers asked what happens when an employee is laid off. Who can be laid off, and in what cases? What is the employer obliged to do, and when should he notify about the upcoming “purge” of personnel? What is the amount of compensation? We answer.

   Related materials:

   Legal reduction of employees

   The Labor Code of Russia (LC RF) clearly defines the legal grounds for laying off an employee both on the part of the employer and on the part of the employee.

   Employer's reasons:

   1. Reduction of staff or number of employees (i.e. exclusion of positions from the staffing table or reduction in the number of employees).
   2. In connection with the liquidation of an enterprise or in connection with the termination of activities by an individual entrepreneur.

   The right to determine the required number or staff of employees belongs to the employer.

   The law does not oblige the employer to justify the decision to make redundancies. The main thing is that the formal procedure is followed (see 82, 179, 180 and 373 of the Labor Code of the Russian Federation).

   Dismissal of an employee due to staff reduction is possible only if the position he occupies is eliminated.

   Unlawful reduction

   An imaginary reduction is a reduction in staff (they still do not decide to liquidate in such cases), which has no real basis. This reduction is illegal.

   Basically, despite its laboriousness, employers use this method when the desire to get rid of an unwanted employee is very strong, but there is no reason to fire him.

   Judicial practice regarding the recognition of the existence of grounds for staff reduction in our country is ambiguous, because It is quite difficult to incriminate a former employer.

   Dismissal without or incorrect compliance with the procedure is also considered an unlawful reduction.

   Reduction procedure

   Step 1. The reduction in staff must be confirmed by an order to reduce the number or staff of employees and a new staffing table. The new staffing schedule must be approved before reduction activities begin.

   If the employee’s position is retained in the new staffing table, he cannot be dismissed due to staff reduction.

   Step 2. When making a decision on layoffs, the employer is obliged to notify the elected body of the primary trade union organization (if there is one) in writing no later than two months before the start of the relevant activities, i.e. before the termination of employment contracts with employees (Article 82 of the Labor Code of the Russian Federation, determination of the Constitutional Court dated January 15, 2008 N 201-O-P).

   Step 3. Warn the employment service authority about the dismissal of workers no later than two months before the start of layoffs, indicating the position, profession, specialty and qualifications of each specific employee.

   Step 3 ½. If the decision to reduce the number or staff of employees may lead to mass layoffs, employment service bodies and elected trade union body this organization must be notified no later than three months before the start of the relevant activities.

   Step 4. Two months before the actual layoff, notify the employee of the layoff against receipt. If an employee refuses to sign a notice of dismissal, a corresponding act is drawn up.

   Step 5. The employee must be offered all vacant positions in a particular organization in which he can work, taking into account his qualifications and health status. If a vacancy becomes available during the notice period, the employer must offer it to the employee.

   Step 5 ½. The employer has the right to offer the employee dismissal without notice; in this case, the employee is paid compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal. Payment of compensation does not relieve the employer of the obligation to pay severance pay and retained earnings for the period of employment. The employee's consent to dismissal without notice must be expressed in writing.

   Step 6. An order is issued regarding the dismissal of an employee, indicating the date and wording of the dismissal. The employee must be familiarized with the order against receipt. If the employee refuses to sign the order, a corresponding act is drawn up.

   Step 7 On the last day of work with the employee, the final payment is made, including compensation for all unused vacations, and is also issued employment history with a written notice of dismissal.

   The dismissal of employees who are members of a trade union is carried out taking into account the reasoned opinion of the trade union organization (Articles 81, 82 and 373 of the Labor Code of the Russian Federation). Dismissal can be made no later than one month from the date of receipt of a reasoned opinion or consent of the relevant trade union body.

   Dismissal due to a reduction in the number or staff of employees under the age of 18 is permitted in addition to general order only with the consent of the relevant state labor inspectorate and the commission for the affairs of minors and the protection of their rights.

   Who has the priority right to retain a job?

   During layoffs, there is the concept of a preemptive right - this is the right of a certain category of employees to remain at work in the event of a reduction in numbers or staff (Article 179 of the Labor Code of the Russian Federation). They can only be fired as a last resort.

   The right is extended on the basis of the quality of the work performed and or on social grounds.

   As for the quality of work, other things being equal, workers with higher labor productivity and qualifications have priority. This category includes: education and work experience in the specialty. Evidence of qualifications is confirmed by documents on education, advanced training, retraining, extracts from the protocols of commissions on the assignment of qualification categories (grades), etc.

   If labor productivity and qualifications are equal, preference in remaining at work is given to

   Social grounds for the preferential right to retain a job:

   1. The employee supports two or more dependents (so-called family circumstances).
   2. Workers whose family has no one else with independent income.
   3. Employees who received a work injury or occupational disease while working for a specific employer (the one carrying out the layoff).
   4. Disabled combatants in defense of the Fatherland.
   5. Employees who improve their skills at the direction of the employer without interruption from work.

   The collective agreement may provide for other categories of workers who can take advantage of the preferential right to remain at work with equal productivity and qualifications.

   Who can't be laid off?

   According to Article 261 of the Labor Code of the Russian Federation, staff reduction excludes the possibility of dismissal of employees on maternity leave. Pregnant women, women with children under three years of age, single mothers, as well as guardians raising a child under 14 years of age or a child with a disability (under 18 years of age) cannot be fired.

   An exception is the liquidation of a company or termination of the activities of an individual entrepreneur.

   It is also impossible to lay off an employee while he is on sick leave or on vacation.

   Compensation and severance pay

   Compensation- paid upon dismissal without notice with the consent of the employee. The amount of compensation is the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice period for dismissal. This compensation is additional.

   Severance pay- paid to the redundant employee in the amount of his monthly salary wages, which remains with him for the next two months from the date of dismissal (including severance pay), during which he will look for a new job (Article 178).

   If an employee dismissed due to staff reduction contacts the employment service within two weeks, then, according to the decision, the payment remains with him for the third month, if the service cannot help in his employment.

   Chapter 27 of the Labor Code of the Russian Federation “Guarantees and compensations to employees associated with termination of an employment contract” regulates the schedule for payment of severance pay and its amount, indicates what guarantees and compensations are due to employees upon liquidation of an organization or reduction, and also establishes for a number of categories of citizens a preferential right to Remaining at work when staffing is reduced.

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