Dismissal of an employee of the Ministry of Internal Affairs due to staff reduction in 2021

Staff reductions, including in the Ministry of Internal Affairs, imply a reduction in the number of employees for a specific position. This procedure is carried out only if there are serious grounds and in compliance with strict procedures (Federal Law No. 3 “On the Police” of January 7, 2011, Federal Law No. 342 of October 30, 2011). The possibility of reductions is also provided for in Art. 58 Regulations on service in the Ministry of Internal Affairs N 4202-I.

The legal side of this procedure is determined by the following provisions of the Labor Code of the Russian Federation:

Art. 81, part 1, clause 2 (dismissal at the initiative of the employer, about staff reduction).
Art. 178 (guaranteed payment of severance pay upon dismissal on this basis).
Art. 179 and art. 261 (on the advantages of remaining at work during staff reductions).
Art. 292 (obligation to properly warn employees about layoffs).

As a standard, the general procedure in force for staff reductions in civil organizations is applied, the same for all categories of employees, including retirees.

What is it regulated by?

Labor relations are established between an employee of the department and his employer, therefore the procedure for laying off employees of the Ministry of Internal Affairs is regulated by the Labor Code of the Russian Federation. But there are a number of “narrow” regulations. This is Law No. 3-FZ of January 7, 2011 and Law No. 342-FZ of October 30, 2011. It is also necessary to apply the provisions of Art. 58 Regulations on service in the Ministry of Internal Affairs No. 4202-1.

The priority is given to the norms of the Labor Code of the Russian Federation – Art. 81 Labor Code of the Russian Federation. The basic procedure for reducing the number of hired personnel, including in government departments, is spelled out here.

The command structure of the Ministry of Internal Affairs, having decided to reduce the number of employees, must be guided by the following legislative norms:

Art. 179 of the Labor Code of the Russian Federation, which sets out the procedure for granting the preferential right to remain at the workplace;
Art. 261 of the Labor Code of the Russian Federation, which spells out preferences and guarantees for pregnant workers and employees who are related by family ties;
Art. 178 of the Labor Code of the Russian Federation, which guarantees the payment of severance pay;
Government Decree No. 941, which states that an employee of the Ministry of Internal Affairs who is dismissed with the right to retire must receive all severance pay and compensation payments that he is entitled to.

Answers to frequently asked questions

Question No. 1: What types of work does a laid-off employee of the Ministry of Internal Affairs have the right to expect after being laid off?

In general, he can contact the employment center, where they are obliged to help him find a job, undergo vocational training or retraining, and at the same time assign a cash benefit (Law on Employment in the Russian Federation No. 1032-1 of April 19, 1991).

As a standard, employment is possible in two areas:

Admission (on a competitive basis or without it) to the state civil service of the Russian Federation. For details, see the relevant Federal Law No. 79 dated July 27, 2004.
After leaving the civil service for two years, you can also work in commercial (non-commercial) structures on the basis of an employment contract or a GPC agreement under certain conditions, including the consent of the relevant Commission, the compliance of certain specific functions of the named structures with the job responsibilities of the potential employee. In addition, the person applying for a job is obliged to provide the new employer with information about the last place in the civil service in compliance with state secrets.

Organizational issues regarding employment promotion during layoffs are regulated by Resolution of the Council of Ministers of the Russian Federation No. 99 of 01/05/1993.

What's the order?

The procedure is the same for all employers:

Making a decision to reduce the number of department employees. It is accepted by the management team. At the same time, a new staffing table is being prepared and a list of dismissed workers is being formed. Those employees of the Ministry of Internal Affairs who are subject to reduction must familiarize themselves with this list against signature - the signature is placed opposite the full name.
In addition to familiarizing yourself with the list against signature, management must notify each employee of the Ministry of Internal Affairs that he has been laid off. This must be done at least 2 months in advance. The notification is issued in writing and handed to everyone against signature. If the dismissed person does not agree to accept the notification or refuses to sign for it, it is necessary to draw up an act.
Along with the notice of layoff, the department employee is given a referral to undergo the IVC. If the medical commission finds that the dismissed person is not suitable for further service, management has no right to terminate relations with him due to dismissal. To terminate the contract, another basis is applied - Art. 83 Labor Code of the Russian Federation. The order is slightly different.

Reduction of staff of the Ministry of Internal Affairs in 2021: procedure, compensation for those fired, scale of layoffs

The Russian government is trying to find a balance between the costs of different services and ministries. The huge amount of money spent on maintaining the Ministry of Internal Affairs puts a serious burden on the overall federal budget. There were not enough funds for social and other needs, and the need for budget savings arose. In this regard, a large-scale reduction in the number of employees of the Ministry of Internal Affairs was planned.

Briefly about the reduction of the staff of the Ministry of Internal Affairs in 2018

the regional department of the Ministry of Internal Affairs compiles a list of employees preparing for layoffs;
a notice of reduction in the number of workers is sent to the regional employment center and the trade union;
the authorized head of the ministry sends staff reduction notices to employees;
the notice must be given to the employee personally;
all laid-off employees are explained their rights and are offered other vacant positions;
If a ministry employee does not agree with any proposal, he is dismissed.

It is prohibited to dismiss women who are pregnant at the time of the need to reduce staff or numbers;
also single mothers or fathers with a child under 14, and in the case where the child is recognized as disabled, until he reaches adulthood;
an employee who is the only one working and providing for a family with three or more young children;

Calculation and payment of severance pay

On the last working day, the management must pay the dismissed workers in full. The final payments include:

salary for actual time worked;
bonuses if they are provided for in the labor agreement or local regulations;
compensation for unused vacation;
severance pay - its amount depends on length of service.

If the dismissed IMF employee has an honorary title or awards, then the amount of his severance pay is doubled. The amount of compensation payments is regulated not by the Labor Code of the Russian Federation, but by Law No. 342-FZ.

In particular:

if a dismissed employee of the Ministry of Internal Affairs has served in the department for less than 20 years, he will receive a monthly payment in the amount of salary according to his rank for the calendar year after the reduction;
if the dismissed person has served for less than 20 years, he will receive a lump sum payment in the amount of 2 salaries, if more than 20 years - in the amount of 7 salaries.

Also paid:

if an employee has served in the department for a period of 15 to 20 years or has been fired due to staff reduction, and has not yet “earned” the right to a pension, then every month for the next 5 years he will receive a social benefit in the amount of 40% of his salary according to military rank;
if the service life exceeds 15 years, then for each subsequent year another 3% is added to the established amount;
salary according to military rank - if the service period is less than 15 years, and the right to a pension has still been received, every month they will be paid according to the salary according to a special rank;
other payments - they may be provided for in an employment contract or service contract.

Dismissal due to reduction of Ministry of Internal Affairs payments

Officially and publicly issue a reduction order
Notify the employee in writing against signature no later than 2 months before dismissal
It is obligatory to offer the dismissed employee another available vacancy.
Notify the trade union authorities and the Employment Center at the location of the enterprise
Carry out the final dismissal procedure with full payment

Payments to a police officer upon staff reduction

Severance pay in case of layoff in 2021 For the first month of maintaining average earnings for the period of employment, the employee receives severance pay on the day of dismissal. Therefore, payment for the second month of the employment period is calculated taking into account severance pay (Part.

for exemplary performance of official duties based on the results of work for the last quarter;
annual bonus for conscientious attitude to official duties;
severance pay in the amount of one average monthly salary if dismissal occurs as a result of staff reduction.

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Who cannot be fired from the Ministry of Internal Affairs due to staff reduction?

In this case, the provisions of Art. 261 of the Labor Code of the Russian Federation, which specifies categories of citizens who cannot be dismissed due to a decrease in the number of hired personnel:

employees who are in an “interesting” situation at the time of the start of downsizing measures;
mothers, independently, without the help of men, raising children, and having the status of “single mother”;
fathers, independently, without a woman, raising children and having the status of “single father” or “single parent”;
a parent whose child has the status of “disabled”;
the only working person in the family;
parent providing for 3 or more minor children.

These employees cannot be dismissed from the Ministry of Internal Affairs, even if they have received the right to a pension.

Dispute Resolution

In case of violation of rights, you must contact the competent authorities:

a labor dispute commission, which can be created in each organization;
court - in this case, you can do without a lawyer, since judges usually effectively resolve issues related to violations during dismissal.

Optimal results are ensured by going to court, since it is more competent and impartial. In addition to the above amounts, an employee may receive compensation for moral damage caused by violations during dismissal.

Mistakes that are most often made by command when reducing employees of the Ministry of Internal Affairs

The command of the Ministry of Internal Affairs makes the same mistakes when reducing the number of its employees as civilian employers. The most “popular” include:

Termination of labor relations without proper notification of the department employee about upcoming procedures. The law requires mandatory notification 2 months in advance, and 3 months in case of mass layoffs.
The employee was fired due to “redundancy”, but his position remained on the staff list. The position of an employee of a department who has been laid off is eliminated from the staffing table on the day of dismissal or the next day.
The termination of the labor agreement occurred without taking into account the rights of some workers to preferentially remain in the workplace. Every employer must take into account the provisions of Art. 179 of the Labor Code of the Russian Federation and Art. 261 of the Labor Code of the Russian Federation, which stipulates the privileges of certain categories of workers.

Payments upon layoff to an employee of the Ministry of Internal Affairs

Average daily earnings for payment of vacations granted in calendar days and payment of compensation for unused vacations are calculated by dividing the amount of wages actually accrued over the last 12 calendar months by 12 and by the average monthly number of calendar days 29.3.

Salary and vacation pay

Employees dismissed from internal affairs bodies due to a reduction in the position they replace are, at their request, paid monetary compensation for the main leave not used in full in the year of dismissal, for unused additional leaves in proportion to the period of service in the year of dismissal.

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Art. 81, part 1, clause 2 (dismissal at the initiative of the employer, about staff reduction).
Art. 178 (guaranteed payment of severance pay upon dismissal on this basis).
Art. 179 and art. 261 (on the advantages of remaining at work during staff reductions).
Art. 292 (obligation to properly warn employees about layoffs).

Is it possible to challenge a reduction?

If an employee of the Ministry of Internal Affairs entitled to a pension believes that he was laid off illegally, he can appeal the decision of the management:

through higher command;
through the labor inspectorate;
through the prosecutor's office;
through the court.

You must submit a written statement stating the substantiated conclusions of illegal dismissal. The deadline for contacting supervisory authorities and higher authorities is not regulated. You must go to court in compliance with the deadlines prescribed in Art. 392 Labor Code of the Russian Federation.

An employee of the Ministry of Internal Affairs has a calendar year to appeal against illegal dismissal in court.

Payments upon layoff to an employee of the Ministry of Internal Affairs

Severance pay

An employee on his own initiative does not have the right to demand a third redundancy payment. This can only be done by the Employment Service and only for persons registered with it. Payment for the third month of absence from employment is the last one.

Those who replaced the position on the day of dismissal - up to and including the day of dismissal. Available on the day of dismissal in connection with the reduction of the position being filled by the employee - until the day of dismissal, but not more than two months.