Order of reduction
Staff reduction
The employer has the right to dismiss an employee due to staff reduction at the enterprise only after issuing an order. Each employee must be notified of the release of this order. Persons who are subject to layoff must sign it. As a rule, in such a notice the employer offers his employee other vacancies that he could fill at this enterprise. Whether to stay in this organization or not is up to each individual.
The employee must be notified of the layoff two months before the expected date of dismissal. This can be explained simply - a person must find a job, since not everyone agrees to the vacancies offered by a former employer. If we are talking about mass layoffs, then employees must be warned about this at least three months in advance.
After receiving the notice, the person must work under the same conditions and receive the wages that he received until that moment. During this working period, the employer must offer the employee vacancies that are available at the enterprise. This must be documented.
Two months later, the person is fired and an order to commit the action is drawn up. Information about this is entered into the work book, an order is signed, and the employment contract is terminated between the parties.
Important! If the employee does not want to sign the notice, an act is drawn up, to which is attached a notice of layoff and the employee’s refusal.
When all orders are signed, the former employee must be paid all debts on wages, compensation for vacation, if he did not have all the days off. Also, after dismissal, a person receives severance pay equal to his average monthly salary. A former employee has the right to receive severance benefits for up to two months if he does not find a job. But a person will receive these funds if he joins the employment service as unemployed no later than two weeks from the date of dismissal.
If desired, the employee has the right to terminate the contract earlier than two months later. The most important thing is to write the application correctly so that the employer cannot impose fines on you.
Who can be laid off first?
Probably every person in the process of downsizing is worried and tries with all his might to keep his job so as not to lose income. It is impossible to give any objective assessment of this question, since layoffs include those people whose job responsibilities can be performed by another employee.
Reduction by age
As statistics show, the first to be dismissed are citizens who do not have a specialized education or any benefits. Also, when reducing staff, the following factors play an important role:
- Employee age
- Employee professionalism
- Personal decision of the employer
- Enterprise financing
- Family circumstances
Who gets laid off first?
After removing from the list of candidates whose employment contract termination is not legal, further analysis of the workforce is carried out. Within the framework of the legislative framework of the Russian Federation, there are no clear instructions regarding the identification of criteria by which the manager should select applicants for care. But as practice shows, the following employees are most often at risk:
- the benefit of which is minimal;
- if there are several employees with similar qualifications, in most cases the one who has worked in it the least will leave the company;
- less educated;
- with the lowest labor productivity;
- pensioners – based on the company’s field of activity.
In such a situation, it is extremely important to verify the correctness of the entry made in the labor record in relation to the Labor Code of the Russian Federation. Because immediately after signing the order, a citizen who has been laid off will need to register with the Employment Center. Otherwise, you will not be able to claim the required three-month compensation in case of possible unemployment.
By age
As a rule, people who have several years left before retirement may be sent on retirement leave prematurely. To retire an employee, his work experience must be at least 25 years for men and at least 20 years for women. The person must also have unemployed status.
If you read the labor code, then when laying off employees, one of the main factors is the level of qualifications, and the age of the employee does not play any role. But, unfortunately, in practice the opposite is true and people whose age exceeds 50 years are the first to be laid off.
How to determine who gets laid off first?
In order to make an informed decision about who to lay off and who to keep, the HR department needs to prepare a document. It is necessary to rank employees:
- upon presence of a diploma of special education for the position;
- according to qualification level.
Important! According to Article 179 of the Labor Code, when laying off positions, they prefer to leave highly qualified employees with good labor productivity.
Such a list is required to reflect information on whether the employee has:
disciplinary fines due to violations of rules of conduct and labor regulations;- failure to fulfill plans;
- exceeding plans.
Some categories of employees, according to the laws of the Labor Code of Russia, have a better chance of remaining in the workplace if they are laid off. But you can still fire them. They simply have an advantage over other employees in not being fired under other equal circumstances.
So, those who do not meet these requirements will be laid off first.:
- high level of productivity;
- high qualification.
But if people are distinguished by equally high labor productivity and qualification level, then management will prefer to leave employees who:
- family has 2 or more dependents;
- other family members are unemployed;
- received an occupational disease or injury while performing duties in this company;
- the qualification level is increased without interruption from work;
- other circumstances noted in Article 179 of the Labor Code.
By skill level
Highly qualified personnel have a great advantage over ordinary workers when reducing staff. We are talking about having a specialized higher education, taking additional courses, and various skills. In addition, the employer can touch upon both theoretical knowledge and practical skills.
Qualification
In order to identify which employee’s productivity is higher, you need to analyze the following aspects of work activity:
- Fulfillment of assigned tasks
- Quality of work performed
- Performance Analysis Results
- Disciplinary statements
- Amount of work performed compared to other employees
More than once, employers are faced with a situation where they need to choose between several employees: those who will be laid off and those who will remain at the enterprise. If their qualifications are the same, then the employer must choose a family man with children.
Several years ago people with extensive work experience were not laid off; today this rule does not apply to enterprises.
Reduction of staff: whom the employer does not have the right to fire
Those who are laid off first by law are determined by the method of elimination. At the same time, the employer must respect the rights of those team members who cannot be fired under any circumstances.
This category of employees includes:
women on maternity leave;- pregnant women;
- parents who are dependent on a child under 14 years of age, provided there is no 2nd breadwinner (this rule is also relevant for unmarried fathers);
- parents who have disabled children as their dependents (this rule is also relevant for unmarried fathers);
- employees who are dependent on three or more minor children;
- orphans under 23 years of age.
If a workers' union is organized at an enterprise, then their members also cannot be dismissed due to layoffs. Finally, the employer must not dismiss employees who are representatives of the team in labor and professional disputes. The ban on dismissal also applies to those team members who are on sick leave or on scheduled leave.
As for highly qualified specialists, they are not subject to the ban on dismissal. However, every employer focuses specifically on this category of personnel, setting itself the goal of forming a strong team. Therefore, the higher a person’s qualifications and professional experience, the less chance he has of being subject to unwanted layoffs.
Having excluded the above-mentioned candidates for layoffs from the expected list, the employer still does not have the right to draw up a list of names of those whom it plans to dismiss.
In addition to the above categories, the law also prohibits dismissal:
- citizens liable for military service who have just left for the reserve;
- wives and family members of military personnel;
- inventors and authors of rationalization proposals (it is not relevant whether the product of the invention is already in use or is being finalized);
- disabled people of the Great Patriotic War;
- disabled people injured in hot spots.
Finally, a strict ban on dismissal applies to those team members who have been diagnosed with an occupational disease. This also includes persons affected by an accident or man-made disaster at work.
When the fact of reduction is considered accomplished, dismissed workers must immediately contact the regional employment center. The sooner this happens, the better for them. The calculation of unemployment benefits has its own time limits, and they must be observed.
For personal reasons
The dismissal of an employee often occurs at their own request due to personal circumstances. There are several reasons for this:
- Illness of a close relative
- Illness of the employee himself
- Moving to a different city
- Preparing a child for school
- Desire to change jobs
Payments to an employee who quit voluntarily are made on a general basis. Due to family circumstances, an employee can be fired immediately, without working off.
Is it possible to challenge a reduction?
Challenge in court
If the employer did not comply with the procedure for layoffs, his decision can be appealed. To do this, you need to go to court and, if the decision is positive, the employee will be returned to his previous position. But the question is different: will he want to work in such an organization, with such a leader?
The most important thing is not to miss the deadline when you can submit your application. No more than thirty days must pass from the date of dismissal. In addition, you can write a letter to the prosecutor's office or labor inspectorate. The lost position is unlikely to be returned, but the employer will easily be fined.
Important! To avoid being laid off, the employer may offer to take advanced training courses.
Who cannot be fired due to reduction
If we are talking about laying off several people performing the same job duties, then some workers have advantages over others. Article 179 of the Labor Code says that the following persons should be retained at work first:
- Having two or more dependent persons
Pregnant women are not laid off! - Disabled people of WWII and other military operations
- Mothers with more than three children
- Pregnant
- Single mothers (fathers) who have dependent children under 14 years of age
- Raising children under 14 years of age if they do not have parents
- Having a high ability to work
- Having the status of temporary incapacity
- Members of families in which there are no other able-bodied citizens
- Taking continuing education courses without interruption from work
- Those injured at the enterprise
In addition to these people, other workers may also qualify for “special” conditions. But, as a rule, such provisions are prescribed in the employment contract. It is worth noting that when an enterprise is liquidated, not all of these categories of citizens are not subject to layoffs.
The process of staff reduction is a lengthy procedure that involves many subtleties and pitfalls for both the employee and the employer. All issues related to the dismissal or reduction of an employee are controlled by the Labor Code of the Russian Federation.
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Preferential retention at work
To determine who is being laid off first, you should also evaluate who has priority to remain on staff. A separate article is devoted to this issue in the Labor Code (Article 179 of the Labor Code of the Russian Federation). It states that the employer should give preference to employees with higher qualifications and labor productivity. And only if these criteria are equal for employees, when laying off whom to lay off first, management decides based on the presence or absence of certain advantages of candidates for dismissal.
The preemptive right to avoid layoffs, in particular, is vested in:
- employees who improve their qualifications on the job (at the direction of the employer);
- family employees who support at least two dependents;
- persons who are the only family members with independent earnings;
- workers who have been injured or contracted an occupational disease at this enterprise.
Contrary to the popular belief that all disabled people have preferences when reducing staff, this is not entirely consistent with the law. According to the Labor Code of the Russian Federation, only disabled people during the Second World War and during military operations in defense of the Fatherland have an advantage. In other cases, physically disabled people are laid off on a general basis, unless they fall (for other reasons) into “preferential” categories of employees - for example, due to pregnancy, single mother status, etc.
Also, the following have a preferential right to remain at work:
- persons who suffered from the Chernobyl disaster and the Semipalatinsk test site - suffered from illnesses or became disabled - regardless of the time they worked at the enterprise (clause 7 of article 14 of the law dated 05.15.1991 No. 1244-1, clause 10 of article 2 of the law of 10.01. 2002 No. 2-FZ);
- dismissed military personnel and members of their families who entered work for the first time (clause 5 of Article 23 of Law No. 76-FZ of May 27, 1998;
- inventors (clause 5 of article 35 of the law of May 31, 1991 No. 2213-1).
