How to properly issue a layoff on staff reduction

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Consider all the little things to avoid controversial situations.

Reduction of staff or the number of employees is one of the few Labor Code of the Russian Federation Article 81 of cases when an employer can terminate an employment contract with employees on his own initiative. This means one of two things:

• The number of staff members of one position is reduced. For example, there were three salespeople in the store, but two are enough to work, so one unit needs to be cut.
• Certain positions are completely excluded from the staffing table. Sometimes we are talking about the liquidation of entire structural divisions. For example, a firm decided that they did not need a PR department; this work could be outsourced.

At the same time, it is important to arrange everything correctly in order to avoid problems and courts. Let's figure out how to do it.

1. Issue an order

To start the reduction procedure, the manager needs to sign the corresponding document. The order to reduce the number or staff is drawn up in a free form. In it you need to specify the following:

• reduction date - define it so that everything is in time;
• the reason for the reduction - for example, due to a decrease in production volumes or the economic situation;
• redundant positions.

In the same document, you can approve a new staffing table. But this is not necessary, it is allowed to do it in a separate order.

2. Decide who you will cut

It is better to start dealing with this issue before issuing an order. There are some nuances here, and therefore you have to think about a lot.

Who can't be cut

There are several Labor Code of the Russian Federation Article 261 categories of such workers:

• Pregnant women. It works even if neither the employer nor the employee knew about this circumstance. When it later turns out that the woman was pregnant on the date of dismissal, she can be reinstated by the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 N 1 at work through the courts.
• Women with children under three years old.
• Single mothers with children under 14 years old or with a disabled child under 18 years old, or any other person who is raising these children without a mother.
• The only breadwinner for a child under three years of age in a large family or a disabled child under 18 if the other parent does not work.
• An employee of the Labor Code of the Russian Federation Article 81 on vacation or on sick leave.

It remains with them either to wait for the limiting circumstances to end - the children grow up, the vacation is over, - or to agree on dismissal by agreement of the parties.

How to choose from the rest

If you're downsizing a department entirely, you don't have to choose. But if you need, for example, instead of 13 locksmiths to leave 8, this is a problem with an asterisk. The law prescribes to keep the Labor Code of the Russian Federation Article 179 a workplace for employees with higher labor productivity and qualifications. The definition of the second criterion is in the law of the Labor Code of the Russian Federation Article 195.1: this is the level of knowledge, skills, professional skills and experience.

When comparing the qualifications of workers, it will be easier for those who have recently carried out their certification. If it was not, it is necessary to collect all the information that may indicate it. If several employees have the same level of productivity and skills, additional factors come into play. Preference is given to:

• family - in the presence of two or more dependents;
• the only one working in the family;
• employees who were injured or sick while working for you;
• invalids of the Second World War and military operations to protect the country;
• employees who improve their qualifications in the direction of the employer on the job.

In order for everything to be completed as correctly as possible, it is better to create a commission that will deal with this issue. She will compare the information on employees and draw up a detailed act for each with an assessment of labor productivity and qualifications, as well as preferential conditions. In this case, you will have something to answer the accusations, if someone does not agree with your choice and turns to the supervisory authorities or the court.

3. Inform employees about the layoff

This must be reported to the employee personally and under the signature of at least the Labor Code of the Russian Federation, Article 180, than two months before the date of reduction. For those employed in seasonal work, this period is 7 of the Labor Code of the Russian Federation Article 296 days, for those employed for less than two months - 3 of the Labor Code of the Russian Federation Article 292 days. However, the employment contract can be terminated earlier - with the written consent of the employee. But you have to pay him additional compensation in the amount of average earnings.

If the employee refuses to sign the notice, you need to notify him of the layoff in the presence of two witnesses and draw up an act of this.

By law, you are obliged to the Labor Code of the Russian Federation, Article 180, to offer vacant positions that may suit him to those who have been laid off. This can be done both in the notification and in separate documents. If he agrees, then he is not fired, but transferred to another place.

4. Notify the union

If there is such an organization, the Labor Code of the Russian Federation, Article 82, must be notified of upcoming dismissals to it no later than two months before them. Or in three months, if the reductions are massive Resolution of the Council of Ministers - the Government of the Russian Federation of February 5, 1993 N 99. They are considered to be such if they liquidate an organization in which there are 15 or more employees, or they fire from 50 people in a month, from 200 for two or from 500 for three.

The trade union must be provided with the personal data of workers, their professions, positions and specialties. You need to add to the package of documents:

• a copy of the order to reduce the state or number;
• draft order for the dismissal of employees;
• draft staffing table.

Union Downsizing Notice Template →

5. Notify the employment service about cuts

It is necessary to report dismissals to the department no later than the Law of the Russian Federation of 1991-19-04 N 1032-1 less than two months before the termination of employment contracts (three, if there are massive redundancies), if you are acting on behalf of the organization, or at least two weeks, if you are an individual entrepreneur. A notice must be sent to the employment service, in which you indicate the following information about the abbreviated:

• position;
• profession;
• specialty and qualification requirements for it;
• terms of remuneration.

You must accompany the notification with the same package of additional documents that you sent to the union.

Downsizing Employment Service Notification Template →

6. Issue a dismissal order

This can be a general order in the T-8a form or separate documents for each employee in the T-8 form. The basis will be a reduction in the number (staff) of the organization's employees in accordance with Article 81 of the Labor Code of the Russian Federation. The order of the dismissed employees must be familiarized with the signature of the Labor Code of the Russian Federation Article 84.1.

7. Prepare the necessary documents

Before leaving, you need to prepare for each employee:

• Certificate of the amount of earnings for two calendar years in the form 182n.
• Documents with information that were sent to the Pension Fund during its work in the SZV-M form and in the SZV-STAGE form.
• A copy of section 3 of the calculation of insurance premiums.

It is also necessary to make an entry in the personal card of the T-2 form. Indicate the reason for dismissal - reduction of staff, date, as well as the number and date of the order to terminate the employment contract. The document is signed by an employee and an employee of the personnel department.

Finally, it remains to draw up a note-calculation in the form of T-61. It contains general information about the employee, information about the termination of the employment contract and the amount of the due payment. The employer has no obligation to show this document to the employee.

8. Pay off the employee

The employee is paid:

• The salary.
• Compensation for unused vacation, if applicable.
• Severance pay of the Labor Code of the Russian Federation Article 178 in the amount of the average monthly earnings.

These payments must be made on the last Labor Code of the Russian Federation Article 140 working day of the employee.

If the dismissed person cannot find a job for more than a month, he will have to pay the average monthly earnings for the second month from the date of the layoff. If within two weeks he registered at the labor exchange and did not find a job in two months, a similar payment can be made for the third month. But not always, the decision about its necessity is made by the employment service. Or you can give the dismissed one additional two average earnings at a time and not follow his future fate.

9. Make an entry in the work book

You need to make:

• sequence number of the record;
• date of dismissal;
• its reason with reference to the Labor Code of the Russian Federation (“The labor contract was terminated due to the reduction in the staff of the organization, paragraph 2 of the first part of Article 81 of the Labor Code of the Russian Federation”);
• the name of the document on the basis of which the entry is made - for example, an order to terminate an employment contract, its date and number.

On the last day of work, the employee needs the Labor Code of the Russian Federation, Article 84.1, to return the labor with a note of dismissal. If an electronic work book was kept on it, an extract with information about labor activity is issued to him. Together with her, hand in the certificates that you prepared for the employee earlier.