What documents will be required for the labor exchange after laying off an employee, and how to submit them correctly?

Notification to the employment center about staff reduction: sample, document revocation form

A sample notification to the Employment Center about staff reduction will be required when applying and submitting documents to this organization.
Mass termination of a contract with a company employee most often occurs precisely because of staff or headcount reduction. Law of the Russian Federation of April 19, 1991.

Notification to the employment service about layoff plans is sent by the employer without fail. According to Law No. 1032-1 “On Employment” of April 19, 1991 (Article No. 25), this applies to both legal entities and individual entrepreneurs (individual entrepreneurs).

The notification is sent to the central control center no later than two months in advance, for individual entrepreneurs - at least 14 days in advance. In the event of a massive staff reduction, the notice period increases to 3 months before the date of reduction in the number of employees.

Mass reduction is assessed as follows.

In addition, a reduction is considered massive if it affects at least 1% of employees per month in a region, if the total number of employees in the region is less than 5,000.

Missing notification deadlines may subject the organization to penalties. Personal delivery of the letter against receipt with a note of receipt by the employment service secretariat prevents the imposition of fines.

Sending a notification to the employment service about a reduction in staff is necessary to update statistics. In addition, this contributes to the optimal employment of the laid-off employee.

When the number of personnel decreases, the number of employees is automatically reduced. And only if the position is replaced with a new one, the number of employees does not actually decrease.

Notifying the employment service about a reduction in numbers or staff is a difficult moment when dismissing employees, because the preparation and transmission of the document involves bureaucratic formalities. You need to carefully fill out the documents and carry out the procedure. Otherwise, this may lead to legal proceedings.

Although the employer has the right to independently decide on the number and composition of personnel, the Labor Code of Russia establishes restrictions on dismissal for a number of persons.

Pregnant women are subject to an unconditional ban (Article No. 261).

Fact! The procedure itself for reducing the number or staff, as well as the amount of payments and conditions are prescribed in the Labor Code of Russia in Chapter No. 27 (Article No. 180).

Sample notification of a reduction in the number of employees from an LLC.

There is no uniform standard for notifying the Employment Center about staff reductions in the Legislation of the Russian Federation. The employer draws up a letter in a free format, based on the order of Rostrud No. TZ/5624-6-1 “On the form of notification” dated September 26, 16.

Example of a document for an individual entrepreneur.

The main requirement of the document is compliance with legal regulations. The text of the notification must contain information about the period within which the reduction is planned and an indication of the start date of the event.

In addition, the required information is as follows:

• Name of the organization;
• date and document number;
• title;
• content;
• signature of the responsible person.

The content of the notice to the employee and its copy contain a list of vacant positions. The letter to the trade union committee contains a list of positions regulated for reduction.

The letter to the central control center must include the following information about employees:

• list of persons to be laid off (approximately);
• position held;
• specialization (education);
• acquired profession;
• experience;
• qualification requirements;
• salary data.

Notification to the employment service about layoffs is sent to the actual address of the organization. The employee’s registration and actual residence addresses do not matter.

Revocation of a notice of reduction in headcount or staff is a letter canceling a previously made decision. Due to the fact that the notification is not regarded as a document, the organization’s management has the right to revoke it.

Reasons for revocation may be the following:

1. Lack of financial resources to pay compensation. In this situation, the employee continues to hold the position and works for another period. The duration of work is determined by the employer.
2. Unforeseen increase in the number of employees. Payment of compensation is not possible, since the employee remains in his previously occupied position.
3. Transfer to a new position while maintaining the salary level. Often used in government organizations.

In frequent cases, recalls occur for the first reason. If the notification is refused, the employee continues to work in his previous position, his salary remains in force, as well as allowances, the amount of bonuses and proper instructions. The employer must notify the employee of the withdrawal of the notice of layoff in the form of a letter.

There is no uniform format for revoking a notice in labor legislation. Therefore, the letter is drawn up in a free style, but it must include information about the reasons for the recall (indication of the order number to reduce the number of personnel), as well as the grounds, that is, a new order.

“Dear Nikita Leonidovich! By letter dated January 27, 2021, you were notified of the planned reduction in the number of the plant from February 27, 2018 on the basis of Order No. 543 dated January 26, 2021 on staff reduction. We inform you that this order was canceled by a new order dated June 1, 2017. Based on this, we inform you that your position will not be reduced. Director Vasilkov O.O.”

List of documents

What documents are needed for registration:

1. passport of a citizen of the Russian Federation (replacement document);
2. work record book (labor and service contracts);
3. diploma of education (qualification).

Depending on the case, other documents may be requested:

• If an employee registers within less than 12 months from the date of termination of work , then he must submit a certificate of average wages from his last place of work - for the last 3 months. As a rule, this is form 2-NDFL.
• Those who have not worked before and are looking for work for the first time provide only a passport and a document on education or qualifications.
• Those who have been laid off from their previous job provide a more complete package of documents, which we will discuss below.
• If a person with a certain disability group , then he provides an individual rehabilitation program, which outlines the conditions and nature of work in a recommendation form.

Watch a video on how to register with the employment center:

Terms of dismissal due to staff reduction

The deadlines for dismissal due to staff reduction are established by law. The standard period after notifying an employee is two months, but there are several nuances that both the employee and the employer need to take into account. There are also several features in the procedure for notifying all organizations about the further procedure for staff optimization.

Procedure

First, the manager will need to personally find a justification for staff reduction. This could be either increasing the efficiency of one department or having positions with identical functions, or simple optimization.

Next, an order is issued to begin the reduction procedure and create a commission that will establish a plan, including the main points:

• list of positions being eliminated;
• reviewing the possibility of layoffs of employees who are in the specified positions;
• compilation of vacancies and a list of possible transitions by priority right;
• establishing a new staffing schedule that will work after all reduction deadlines have expired.

Sample order for job reduction

After drawing up a plan and list of positions to be eliminated, a reduction order is issued. It must indicate the date of actual dismissal of persons from the specified positions and workplaces, but with an important condition - at least 2 months must pass from the date of notification of employees until the process of eliminating jobs and excluding them from the staffing table.

According to the law, the maximum notice period is not specified, which allows, if necessary, an order to be issued six months before the actual reduction.

The notification is made according to the relevant order and also sets the date of dismissal of the employee in two months, but after familiarization with the document.

Sample notice of job reduction

The process of reducing staff or numbers should not be confused with the liquidation of the entire enterprise, since in this case the period of dismissal from receipt of notice is three months, not two.

Joint notification is required for several reasons:

• the dismissal of a number of employees may require permission from the trade union organization of which they are members;
• all authorities must be aware of the reduction work taking place in the organization before it begins;
• early layoffs are made only after notifying the employment center.

Sample notification of the employment center about mass layoffs _Page_1 Sample notification of the employment center about mass layoffs _Page_2

The employee will not apply for available vacancies, and immediately after notification refused them. At the same time, he received a notice and signed a few days later than other employees.

His two-month period is mandatory, so the employer will not be able to fire him before the end of this period. The question of early dismissal arises, since during planning the date for introducing the new schedule has already been set.

But it turns out that if the employment center has not yet been notified, then red tape with documents may arise in the future, since the organization has not yet been notified, and the early layoff has already been made. As a result, the law was violated.

Sending notifications is carried out either by the employer himself or by the head of the HR department. If they have sufficient experience, personnel officers immediately issue all types of notifications after the order, indicating a two-month period.

The standard notice period for employees is two months before actual termination. This point is fixed by law. It is from this minimum that the manager should start when preparing any documents or papers.

In some cases, the dismissal period may be extended beyond the date specified in the order:

• the employee received the notice later, which creates a two-month period from the date of receipt and signature;
• At the time of layoff, the employee is on sick leave. In this case, the employer must wait for him to return to work and dismiss him on the first active working day after the crime. The law does not limit the length of sick leave. The main condition is the presence of a correctly executed sick leave certificate, which confirms the fact of illness;
• The employee is on any type of leave on the day of layoff. This can be either educational leave or maternity leave. The employer, just like with sick leave, will have to expect the employee to return to work fully.

The employee is given exactly one month from the date of registration in the employment record to appeal the layoff. If the court decides to reinstate the employee in the workplace, this is done instantly, that is, the position appears again automatically. In case of violations regarding the timing of dismissal, the employer will also have to start the procedure again, but this time all points must be taken into account.

It is worth considering that the period for early dismissal can also be anything ranging from notification to the actual date of dismissal.

The standard dismissal period for staff reductions is established at the legislative level and is two months. In some cases, the period may be increased, but it cannot be shorter. An exception is early dismissal with compensation to the employee for the entire unworked period.

What is the responsibility for failure to notify the employment service? By law, the reduction of workers must be accompanied by notification of the employment service. Moreover, the procedure is always carried out in a clearly established order and within the required time frame. If the director fails to notify workers, he faces administrative liability, which can be expressed in:

• issuing a warning if the offense is minor or committed for the first time;
• an administrative fine, which is imposed both on the enterprise itself (in the amount of 3,000-5,000 rubles) and on the responsible person (in the amount of 300-500 rubles).

Such sanctions may be applied to the management of the company, even if the employment service was notified of the upcoming reduction, but the form contained false or incomplete information regarding any of the points.

Important But still, even if the employer violated the law and did not notify the employment service of his plans to lay off workers, then, apart from a fine, he faces nothing. More precisely, the authenticity and correctness of the registration of employee reductions does not depend in any way on this factor.

In conclusion Unfortunately, mass layoffs of workers have been occurring more and more frequently lately. There are many reasons for this, one of the main ones is the economic crisis into which our country has plunged. It is very important that the employment center is notified of this situation and can select suitable vacancies in advance for each of the laid-off workers.

Otherwise, the manager may incur administrative liability in the form of penalties.

Attention Who is the employer obliged to notify in case of staff reduction? The employer is obliged to notify about the planned reduction:

1. Employees who are planned to be laid off. The employer is obliged to take into account the preferential rights of employees. People whose families have no other sources of income, those who have developed occupational diseases and temporary disabilities, disabled people during the Second World War, pregnant women, mothers of children under 3 years old and some others are required to remain at work.
2. Employment Center.

The employer must not only notify the employment service about the staff reduction, but also make sure that the document bears the CNZ mark. Otherwise, the dismissal will be illegal.

• Trade union (if there is one).

Thus, in addition to indicating the fact and timing of the layoff procedure at the enterprise, the following information about the laid-off employees should be included in the notice:

• job title;
• speciality;
• profession;
• qualification requirements for the current position;
• information about wages.

The notification must be submitted to the employment service at the employer’s location. The places of registration and actual residence of laid-off workers do not matter.

What will happen if you do not notify the Employment Center (EC) about the upcoming layoff? If the employer fails to fulfill the obligation to notify the employment service about the layoff or performs it improperly, he faces administrative liability under Art. 19.7 Code of Administrative Offenses of the Russian Federation.

This is confirmed by judicial practice (see the appeal ruling of the Moscow Regional Court dated April 28, 2014 in case No. 33-7641/2014).

• Features of the staff reduction procedure
• Notice periods
• How to notify the employment service?
• Rules for drawing up a notification
• What is the liability for failure to notify the employment service?
• Finally

Peculiarities of the staff reduction procedure According to the legislation of the country, the employer has every right to unilaterally make a decision to terminate the employment contract and reduce the staff of the enterprise or company. Each of them is signed by the manager and given to the employee for review against signature.

One copy remains in the hands of the employee, the other is registered in the internal documents log, and then sent for storage in the archive. The document is written on behalf of the director of the organization, but other specialists can also fill out a sample notification of a reduction in the number of employees: a lawyer, a secretary, a human resources officer.

The notice must contain the following required information:

• Business name;
• date of document preparation;
• date of proposed reduction;
• reason for reduction;
• link to order;
• a list of available vacancies in the organization that are suitable for the employee.

There are several ways to send a notification to an employee:

1. Hand it over personally.
2. Send by mail to your home address.

Notification of the employment center about layoffs - a sample of such a document is presented on our website. The article discusses everything related to the employer’s designated obligation: deadlines, contents of the notice, liability for non-fulfillment.

How to notify the employment service: we determine the deadline for fulfilling the obligation Form of notification of staff reduction to the employment service (center) What will happen if you do not notify the employment center (EC) about the upcoming reduction How to notify the employment service: we determine the deadline for fulfilling the obligation Obligation to notify the employment center ( hereinafter - TsZN) about the upcoming reduction is assigned to all employers who are legal entities and individual entrepreneurs (Art.

Documents for registration during layoffs

To enter the labor exchange after a layoff, you will not need many documents other than those issued by your former employer.

A diploma is required to confirm the level of professional training. Labor exchange employees look for vacancies according to the education of the unemployed and cannot offer a job below the level. For example, an economist with a higher education cannot be offered to work as a salesperson.

But being unemployed also has its advantages: it gives you the right to receive benefits for an additional month.

Form for notifying the central locker

One of the ways to terminate an employment contract at the initiative of management is to reduce the staff of an institution or individual entrepreneur (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). Before deciding on layoffs, company management is required to send a notification to the Employment Center (ECC). Such a notice relates to the element of assistance to businesses that provide employment to the population.

How to write such a notification, during what period to provide it, and what responsibility falls on the employer for failure to provide a notification will be discussed in this article.

Why do this?

Economic crises that periodically occur in the world force many company owners to use a rather unpleasant procedure, such as staff reduction.

When carrying out this process, the employer must take all measures to ensure step-by-step compliance with the reduction process, in accordance with the legislation of the Russian Federation, so as not to subsequently get involved in legal proceedings.

Such a notice is sent so that the central employment center has information about specialists who will come to the service in the near future to look for a new job and to prepare new jobs in advance for people who have lost their jobs.

In the absence of such notification, the job search process for expelled specialists may be delayed and worsened.

After full payment and purchase of a work book, the expelled person must register with the Labor Center. This will become the basis for payment of benefits to a registered citizen in the amount of average monthly income for 2 months after deduction, and in some cases for the 3rd month.

Notification about the reduction of employees in an institution must be sent to the Central Employment Center no later than 2 months in advance, and for individual entrepreneurs no later than 14 days in advance. In case of mass dismissal of personnel, the notification period may be increased to 3 months before the date of dismissal.

The concept of mass reduction is regulated by Art. 82 part 1 of the Labor Code of the Russian Federation and is determined according to the following criteria:

1. By the time during which employees were laid off.
2. According to the number of reduced personnel.

The notification is issued and sent in accordance with clause 2 of Art. 25 of the Law of the Russian Federation N 1032-1 of April 19.

1991 “On the employment of the population...”, which regulates that when laying off employees of an institution, management is obliged no later than 2 months before the start of such measures to notify the Central Employment Center in writing, indicating the position, professional skills, specialty and qualification requirements, and also the amount of income of each laid-off person, and if the deduction is a massive one, no later than 3 months before the start of the deduction measures.

The second method that can be used when sending a notification is to send it by registered mail with a notification of receipt of the CZN letter. The postal receipt will be a document confirming the sending of the notification about the reduction of people in the institution.

The notice of reduction does not have a unified template and is drawn up in a free style. Each company has the right to develop its own template for such a notification or use a downloaded form from the Internet as a basis. The document is usually drawn up on the company's letterhead.

The only condition is that the form must display the information regulated by the Employment Law of the Russian Federation N 1032-1 of April 19, 1991, namely:

1. As a rule, the letterhead displays the details of the company carrying out the reduction (name, legal address, telephone number) at the top. If the notification is drawn up on a blank sheet of paper, then the overridden details must be written at the top center of the line.
2. Then, on the right side of the form, fill in the details of the Employment Center, where the notification is sent.
3. On the next line, the name of the document is written in cents.
4. Then the outgoing number of the form and the date of its preparation are indicated.
5. Below is a preamble, which displays a link to the regulations of the Russian Federation, according to which the reduction is carried out and indicates the date of personnel reduction, displaying the order number of the head of the company and the date of issue.
6. Further design of the form is carried out in the form of a table consisting of 5 columns, which presents a list of employees to be laid off, displaying the position, specialization, qualification requirements and the amount of remuneration.

Note. In addition to the information listed, sometimes the CZ may require an indication of the length of service in the institution and the home address of each person. However, this is quite rare.

1. After filling out the form, you need to put the date the document was drawn up and the signature of the boss with an explanation of his last name.
2. If there is a seal, the document is sealed.

Note. A notification can be sent to the central control center only after the company has approved the final list of redundant persons, agreed upon with the trade union committee, and all legislative procedures have been completed before laying off people.

The form of the notification must correspond to the structure of similar forms, made in the style of official documents.

1. In the header of the notification, you need to display the details of the company that is planning a layoff, as well as the details of the employment center.
2. Then the name of the form is placed and a little lower the outgoing number and the date it was filled out.
3. Before the list of persons subject to deduction, a link to the legislative standards on the basis of which the deduction of working people is carried out is displayed.
4. Next, fill out the list of persons who will be expelled in tabular form.
5. The table requires the following information:

• Position according to the staff list
• Specialization
• Professional skills
• Qualification requirements
• Income data.

Below is an example of such a table.

The notification is sent to the central control center at the location of the institution. The actual place of residence and registration of expelled personnel does not matter.

If the management of the institution does not send the mandatory notification about the reduction of employees to the central employment center or sends it late, it may be subject to administrative punishment in accordance with Art. 19.7 Code of Administrative Offenses of the Russian Federation.

Such a case exists in judicial practice (as an example, we can cite the appeal decision of the Moscow Regional Court in case No. 33-7641/2014) dated April 28, 2014).

Circumstances leading to violation of standards when reducing personnel:

1. There is no message in the central control center
2. The message to the central control center was sent later than the normative deadline
3. Incomplete or incorrect information provided

In case of violation of the personnel reduction procedure, depending on the entity that violated the norms, the following may be subject to administrative punishment:

• Individual - from 100 to 300 rubles.
• Official - from 300 to 500 rubles;
• Institution - from 3,000 to 5,000 rubles.

The state exercises systematic control over the reduction in the number of employees. Therefore, all types of layoffs are carried out with a corresponding notification to the employment service. This allows you to prepare in advance for future layoffs in terms of timely payment of benefits, as well as providing laid-off workers with the necessary assistance in finding employment.

The responsibility to notify the employment service of an upcoming reduction (staff or number) lies with each employer. This is required by the procedure for carrying out the procedure itself, enshrined at the legislative level.

Obligated persons approach the stage of notifying the employment service sequentially. The following order of actions for the employer has been established:

1. Issuance of an order for the organization regarding the upcoming reduction (staff or number).
2. Preparation of a new staffing table.
3. Selection of employees to be laid off.
4. Offer of transfer to existing vacant positions for laid-off persons.
5. Preparation of the final list of employees who will be fired.
6. Notifying the employment service about laid-off workers.

Final information on laid-off employees is provided to the service in writing. Delivery of the document (2 copies) is usually made by the person responsible for completing the documentation through a personal visit to the employment service. The notice is accepted, duly registered, after which one copy is returned to the responsible person.

It is also possible to send it by registered mail through the post office or remote transmission by e-mail. The last sending option is possible only if you have an electronic signature.

Why do this?

For various reasons, an economic entity sometimes has to partially or completely reduce the number of people working at the enterprise. At the same time, the legislation establishes the obligation for the employer to comply with a certain procedure for such dismissal, which includes notifying the employment service about the reduction of staff.

If the company's management and its owners decide to reduce the number of employees or liquidate the company, they must report this to the relevant authorities. You need to notify the employment center at the location of the enterprise or its structural unit.

Regulatory acts establish that notification of the employment service about staff reductions must be made two months before the planned date of dismissal of workers if the business entity is a legal entity, and two weeks for entrepreneurs.

In this case, the number of employees of the organization being laid off is important. After all, if there is a massive reduction in staff, a letter to the employment service must be written at least three months in advance.

Attention! To determine whether a layoff is massive, it is necessary to check the existing criteria for industries and localities based on current regulations.

Why do this?

Legislative regulation

The fundamental Law that regulates registration with the Employment Center is the Law on Employment in the Russian Federation . The original version of the Federal Law of April 20, 1996 No. 36-FZ. Then it was supplemented and expanded, and the final version was adopted on December 27, 2009 and assigned No. 367-FZ.

This law clearly states the state’s guarantees of a legal, economic and organizational nature in accordance with the Constitution of the Russian Federation, which clearly states the rights of citizens to work and social protection from unemployment .

Article 3 of this Law defines the conditions for recognizing citizens as unemployed , in particular, the following are considered as such:

• without work and income;
• those wishing to find a job;
• dismissed for various reasons.

All points are indicated in detail in the wording of Federal Laws dated April 30, 1999 No. 85-FZ, No. 8-FZ dated January 10, 2003, and No. 367-FZ dated December 27, 2009.

In accordance with Federal Law No. 160-FZ dated July 23, 2008, the main provisions for registering citizens with Employment Centers are regulated. In particular, within 10 days from the date of their registration, they are recognized as unemployed from the first day of presentation of a certain package of documents.

The edition of Federal Law No. 122-FZ dated August 22, 2004 provides a list of persons who cannot be registered with employment centers:

1. receiving a labor pension;
2. under 16 years of age.

The employment service has certain rules prescribed by law:

• Citizens who refuse 2 offered vacancies, including temporary jobs, will be deregistered.
• First-time job seekers shouldn't resist two job training offers.
• If an already registered person does not appear at the Center within 10 days without a valid reason to look for work or does not visit the Center at the time appointed by the inspector, he will also be deregistered from the Employment Center .
• Persons who provide documents with deliberately false information will also not be registered .
• If a person is denied registration with the Center, he can re-submit documents within a calendar month from the date of the official refusal.

Article No. 4 of the Employment Law gives a clear idea of ​​what kind of work is suitable and unsuitable when looking for. The last category includes the following types of activities:

• forcing a citizen to change his place of residence without his consent;
• in which working conditions are worse than prescribed norms and standards;
• where the salary is less than the salary at the last place of work.

Here you can read about how to receive unemployment benefits.