Reduction during reorganization in the form of merger

Reduction of staff during reorganization in the form of affiliation

The administration of the reorganized enterprise must take into account the following nuances:

an employment contract with employees cannot be terminated only due to reorganization measures - if the staff structure and number of personnel does not change, each employee will continue to work under the same conditions;
if the new organization has a significantly smaller number of personnel, or a number of positions are being reduced, management must determine who will be fired and who will retain their job - for this, the norms of Article 179 of the Labor Code of the Russian Federation are taken into account;
Each employee who is subject to layoffs must be notified in writing no later than 2 months before the date of termination of the employment contract.

The staffing structure for a new enterprise is approved by management or higher management bodies.

Attention

Refusal to exercise the pre-emptive right is illegal. An employee who has been refused to keep his job or be transferred to another place may file a complaint with the labor inspectorate, the prosecutor's office or the courts.

When documenting, it is necessary to issue an order in relation to each specialist being laid off.

The work book must be issued no later than the last day of work, and each dismissed citizen must sign that he has read all the entries in the specified document.

During the reduction process, each employee must receive full payment with severance pay.

Reduction of staff during reorganization by merger

This issue is especially relevant for those employers who lay off their employees due to joining another organization. Dismissal of the chief accountant of the acquired organization A.

in such a situation will be considered legitimate, even if the level of his qualifications and labor productivity is higher than that of the chief accountant of the acquiring organization B. (see.

, for example, the Appeal ruling of the Sverdlovsk Regional Court dated 04/08/2015 in case No. 33-4742/2015).

Dismissal after reorganization

Since the date of dismissal of an employee due to reduction largely depends on the date of his notice of dismissal, it may happen that the new staffing table comes into force, but it will still not be possible to dismiss the employee, since the period of notice of dismissal has not expired.

Thus, the wording of the notice of dismissal in terms of indicating the timing of termination of the employment contract with the employee may be as follows: “The employment contract will be terminated on the day of termination of the organization’s activities in connection with its reorganization in the form of accession (merger), but not earlier than two months from moment of this warning." This wording, on the one hand, will make it possible to indicate the day of the employee’s dismissal (as far as possible in this case), on the other hand, it will indicate that the employer complies with the two-month notice period for dismissal.

We offer vacancies

Separately, it should be said about the employer’s obligation to offer redundant employees a transfer to another job he has (Part 3 of Article 81, Part 1 of Article 180 of the Labor Code of the Russian Federation). The key question here is the following.

Important

Probably everyone knows what reorganization of a legal entity is. In government institutions it is carried out even more often than in commercial organizations.

As a rule, reorganization is associated with a change in the organizational and legal form (when, for example, a unitary institution becomes a state institution), a change in the owner of the institution’s property, the merger of several organizations into one, etc. This process affects not only organizational and financial relations, but also labor ones. What is reorganization? In what forms can it occur? What responsibilities does an employer have towards employees? In what cases are they subject to dismissal? You will find answers to these and other questions in this article.

Reorganization and its forms

The concept of reorganization is absent in the legislation.

Reduction of staff during reorganization in the form of affiliation

Labor Code of the Russian Federation about the upcoming dismissal due to a reduction in the number of employees or staff, employees are warned by the employer personally against their signature at least two months before the dismissal. With the written consent of the employee, the employment contract with him can be terminated before the expiration of the specified period.

Thus, two months before the reorganization, which is accompanied by a reduction in staff, employees must be notified of this.

In addition, the employer is obliged to offer the laid-off employee another available job (vacant position) in accordance with Part 3 of Art. 81 Labor Code of the Russian Federation. You can do all this in one notification.

It should be noted that if a reduction in the number of employees or staff is carried out in connection with a change in the owner of the organization’s property, then by virtue of Part 4 of Art.

According to this resolution, the reorganization of a federal institution can be carried out in the form of a merger, annexation, division or separation.

The decision on the reorganization of a federal institution in the form of division, spin-off, merger (if the legal entity resulting from the merger is a federal government institution) or annexation (in the case of the merger of a federal budgetary or autonomous institution with a government institution) is made by the Government of the Russian Federation.

The decision on reorganization in the form of merger or accession, with the exception of these cases, is made by the federal executive body exercising the functions and powers of developing state policy and legal regulation in the established field of activity.

By virtue of Art.

Reduction of staff during reorganization in the form of affiliation step-by-step instructions 2021

Some of the personnel of the acquired enterprise are laid off.

If the employment relationship with the employee continues after the reorganization, he automatically becomes an employee of the new successor company - there is no need to dismiss such a person with documentation and then re-employ him.

Reduction during reorganization in the form of merger

If a layoff is imminent, the employer must do the following:

Inform employees about the reorganization of the company at least 2 months in writing, indicating in the message all changes in the terms of the contract and work.
Warn the staff in writing about the layoff (in accordance with Article 180 of the Labor Code).
Report your actions to the employment service and the trade union - if there is a massive reduction, this must be done at least 3 months before the layoffs.

On the penultimate working day, the employee is given the third document with vacancies.

An order to dismiss at the employee's own request. Issued if a person has not agreed to any of the proposed vacancies. The employee must confirm the resignation of positions in writing.
A protocol on the commission’s decision, which confirms that the employer’s actions to reduce the number of employees are lawful. Each member of the commission must leave his/her signature on the document.

Each of the listed documents is considered evidence of the legality of the employer’s actions. Their list is enshrined in the Labor Code and other legislative acts of the Russian Federation.

Category of employees who cannot be fired

Whatever the circumstances at the company, the law of the Russian Federation provides for a list of employees who cannot be fired or made redundant.

Order on the creation of an appropriate commission.

It must consist of several employees - the list of persons is indicated in the document.

The main tasks of the commission are prescribed - first of all, it is control over the legality of the reduction.

New staffing table, taking into account the reduction. The schedule must be approved by an order to reduce staff or numbers.
Notification to each employee about the layoff in 2 copies with their mandatory signature - one copy of the notification remains with the employee, the other is stored in the personnel department. If the employee does not want to sign, an act is drawn up with the signature of at least 2 witnesses who will confirm that the person is familiar with the upcoming changes.

This is a reason to file a lawsuit, but there must be real evidence of pressure; The dismissal of hired employees was carried out somewhat earlier than the reduction measures actually began. Almost all of these mistakes can land the parties in court.

Reduction of staff during the period of reorganization (Eremin V.S.)

If we go from the opposite, it turns out that dismissal due to a reduction in the number or staff of an organization’s employees is possible in the case where the employee’s position is not provided for in the new staffing table. By the new staffing table we must understand the staffing table of the organization that will continue its activities after the end of the reorganization.

The legality of dismissal is determined not only by the presence of a formal basis for terminating the employment contract - it is extremely important to comply with the procedure for dismissal established by law: 1) the employee must be notified of the dismissal personally and against signature at least two months in advance (Part 2 of Art.

180 Labor Code of the Russian Federation); 2) dismissal is permitted provided that the employee cannot be transferred to another job (Part 3 of Article 81, Part 1 of Article 180 of the Labor Code of the Russian Federation).

In addition, when carrying out measures to reduce the number or staff of an organization’s employees, it is necessary to consider the issue of the priority right of employees to remain at work, as provided for in Part.

1 tbsp. 179 Labor Code of the Russian Federation. We emphasize once again that the dismissal of employees is permitted both during and after the reorganization is completed.

Source: https://supcore.online/sokrashhenie-shtata-pri-reorganizatsii-v-forme-prisoedineniya

Reduction of the chief accountant during reorganization in the form of affiliation

EXAMPLE 3. Entry in the work book about reorganization (merger) and dismissal in accordance with clause 2, part 1, art. 81 of the Labor Code of the Russian Federation When one company merges with another, it is possible to dismiss the head of the first legal entity on additional grounds provided for by the Labor Code of the Russian Federation: A reduction in the number or staff of employees can be carried out both before and after the reorganization (merger). In this case, the reduction procedure itself does not change; only some features should be taken into account.

And there must be a refusal, i.e. they separated the reorganization and change of conditions into parts, which logically means that the reorganization is NOT a change in the terms of the TD; the fact of the matter is that in this case (Article 75) there is no change in the terms of the contract other than legal succession. And you want to change the conditions. This is 74 TK and two months. Please note that they carried out the reorganization and change of ownership (this is Part 1 of Article 75 to which you referred).

How does staff reduction occur during enterprise reorganization?

22.05.2021

In the course of the activity of an enterprise or institution, the need may arise to carry out reorganization measures.

Article 75 of the Labor Code of the Russian Federation prohibits specifying the fact of reorganization as a basis for dismissal; however, when optimizing production or management, cases of reduction in numbers or staff are possible.

To reduce the number of employees during reorganization in the form of affiliation, it is necessary to comply with the notification procedure, as well as take into account the right of priority to preserve the workplace.

Order of reduction

Any form of reduction implies adherence to the norms of the Labor Code of the Russian Federation in terms of providing guarantees to employees. This also applies to cases of reorganization, which can take place in the form of a merger, by accession, or according to other procedures provided for by the Civil Code of the Russian Federation. The administration of the reorganized enterprise must take into account the following nuances:

an employment contract with employees cannot be terminated only due to reorganization measures - if the staff structure and number of personnel does not change, each employee will continue to work under the same conditions;
if the new organization has a significantly smaller number of personnel, or a number of positions are being reduced, management must determine who will be fired and who will retain their job - for this, the norms of Article 179 of the Labor Code of the Russian Federation are taken into account;
Each employee who is subject to layoffs must be notified in writing no later than 2 months before the date of termination of the employment contract.

The staffing structure for a new enterprise is approved by management or higher management bodies. For example, during a reorganization in a budget institution, a reduction may be caused by a decrease in funding, optimization of the structure, or other circumstances.

If there is an objective possibility, the employer must not only preserve jobs for each specialist, but also offer other employment options. To do this, they may offer jobs in other departments, other positions, including those with lower pay.

Refusal to provide other jobs is illegal and can be challenged by the employee through the labor inspectorate, the prosecutor's office, or in court.

If the employee agrees to the transfer, the employment contract is changed - for this, the parties draw up an additional agreement.

Preparation of documents and payments upon reduction

If maintaining a similar job or transferring to another job is impossible, the company must properly formalize the layoff procedure. In order for the reduction to be recognized as legal, the administration must perform the following actions:

no later than two months before the date of the proposed layoff, provide written notices to each employee. Example notification:

Sample notice of dismissal due to reorganization

in case of mass layoffs, a notification must be sent to the local employment department;
take into account the rights of preferential retention at work, as well as exclude pregnant women from the list of laid-off specialists (they can be dismissed only upon complete liquidation of the enterprise);
correctly calculate all payments guaranteed to laid-off employees - severance pay, full payment of wages and vacation pay, other types of compensation;
after two months, an order must be issued and its contents must be familiarized to each employee against signature;

Sample order of dismissal during reorganization

no later than the last day of work, you must issue a work book with a record of termination of the employment contract due to redundancy and make a full payment. Sample entry in the work book about dismissal during reorganization

When determining preferential rights to keep a job, it is necessary to take into account that the dismissal of pregnant employees is prohibited by law. To respect their rights, management is obliged to maintain their current job or offer another employment option at the enterprise. After leaving maternity leave, reduction is allowed according to the general rules, i.e. with two months notice.

The following categories of citizens have preferential rights to provide employment:

employees with higher qualifications and performance indicators;
citizens with family obligations, if they are dependent on two or more disabled children or other family members;
employees who have no other employed persons in their family;
citizens who received injury or illness during production activities at this enterprise;
disabled people of WWII or other combat operations;
specialists aimed at improving their qualifications on the job.

The company’s internal documents may also approve other categories of persons who have priority in maintaining employment. Refusal to exercise the pre-emptive right is illegal. An employee who has been refused to keep his job or be transferred to another place may file a complaint with the labor inspectorate, the prosecutor's office or the courts.

When documenting, it is necessary to issue an order in relation to each specialist being laid off. Each employee will become familiar with the contents of the order upon signature, and a possible refusal will be confirmed by a commission act. An entry is made in the work book according to clause.

2 hours 1 tbsp. 81 of the Labor Code of the Russian Federation, and also indicate the details of the order of dismissal due to reduction. The work book must be issued no later than the last day of work, and each dismissed citizen must sign that he has read all the entries in the specified document.

During the reduction process, each employee must receive full payment with severance pay.

To calculate severance pay, the employee’s average earnings are taken into account, and its amount can be increased by the employer’s decision.

When a structural unit or department is reduced with the transfer of specialists to another place of work, payments to employees do not include severance pay, since the employment contract is not terminated.

How does staff reduction occur during enterprise reorganization? Link to main publication

Source: https://u-volnenie.ru/posts/po-iniciative-rabotodatelya/sokrashhenie-pri-reorganizacii

Reduction of the chief accountant during reorganization in the form of annexation of the Republic of Belarus to

Dismissal after reorganization Since the date of dismissal of an employee due to reduction largely depends on the date of his notice of dismissal, it may happen that the new staffing table comes into force, but it will still not be possible to dismiss the employee, since the period of notice of dismissal has not expired. In this situation, the employer must understand that the absence of an employee’s position in the staffing table is not a basis for registering downtime for him, much less removal from work due to the impossibility of providing it. Although in practice it is not uncommon for cases when, due to an actual reduction in the employee’s salary before the end of the term, notice of dismissal, such an employee is issued a downtime with payment in the amount of at least two-thirds of the average earnings in accordance with Art. 157 Labor Code of the Russian Federation.

In turn, the exclusion of a position (rate of position) previously held by an employee from the staffing table will be a formal basis for his dismissal due to a reduction in the staff (number of employees) of the organization under clause 2, part 1 of Art. 81 of the Labor Code of the Russian Federation. The legality of dismissal is determined not only by the presence of a formal basis for termination of the employment contract - it is extremely important to comply with the procedure for dismissal established by law: 1) the employee must be notified of the dismissal personally and against signature at least two months in advance (Part 2 of Article 180 of the Labor Code RF); 2) dismissal is permitted provided that the employee cannot be transferred to another job (Part 3 of Article 81, Part 1 of Article 180 of the Labor Code of the Russian Federation). In addition, when carrying out measures to reduce the number or staff of employees of the organization, it is necessary to consider the question of the preferential right of employees to remain at work, as provided for in Part 1 of Art.

The procedure for reducing staff during reorganization - Your rights

The administration of the reorganized enterprise must take into account the following nuances:

an employment contract with employees cannot be terminated only due to reorganization measures - if the staff structure and number of personnel does not change, each employee will continue to work under the same conditions;
if the new organization has a significantly smaller number of personnel, or a number of positions are being reduced, management must determine who will be fired and who will retain their job - for this, the norms of Article 179 of the Labor Code of the Russian Federation are taken into account;
Each employee who is subject to layoffs must be notified in writing no later than 2 months before the date of termination of the employment contract.

The staffing structure for a new enterprise is approved by management or higher management bodies.

Attention

When documenting, it is necessary to issue an order in relation to each specialist being laid off. The work book must be issued no later than the last day of work, and each dismissed citizen must sign that he has read all the entries in the specified document.

During the reduction process, each employee must receive full payment with severance pay.

Reduction of staff during reorganization - Case

Source: https://pravoyes.ru/procedura-sokrashheniya-shtata-sotrudnikov-pri-reorganizacii.html

Employer's liability for violation of Labor Code

If an employee’s labor rights are violated, he will be able to complain against his employer to the regulatory authorities at any time. This may be the prosecutor's office or the state labor inspectorate.

The hirer often faces administrative liability. This issue is regulated by Article 5 of the Labor Code of the Russian Federation.

The following types of punishment are provided:

fine from 1,000 to 50,000 rubles;
suspension of the enterprise for 90 days;
monetary compensation to the employee from the company in the amount of his lost wages.

So, reduction of personnel during the reorganization of a company in the form of an affiliation is a complex, legally sensitive procedure that requires great care from the employer. In order not to violate labor laws, you should carefully consider the choice of persons for dismissal and correctly prepare all documents.

Reduction during reorganization in the form of merger

— Business organization — Personnel — Reduction during reorganization in the form of merger

Russian legislation provides for special methods of legal regulation of staff reduction during reorganization in the form of merger.

At the same time, both the employers themselves and their HR specialists and ordinary employees should thoroughly study the procedure for layoffs during reorganization by affiliation, since violation of the current legislation can lead to negative consequences for any of the parties to the labor relationship.

Reduction during reorganization in the form of merger - legal norms

The process of company reorganization itself is regulated by the Civil Code, the Labor Code regulates its impact on relations with employees, the Tax Code considers obligations to pay taxes, and other federal regulations establish other principles for carrying out this procedure.

However, in general, in order to understand exactly how to carry out reductions during reorganization by merger, it will be enough to familiarize yourself with the regulatory provisions of the following documents and acts:

Federal Law No. 129 of 08.08.2011 establishes specific principles for the procedure for state registration of reorganization, according to which it is carried out on the day when the directly acquired companies are liquidated.
Article 57 of the Civil Code of the Russian Federation defines the very concept of reorganization, gives it an interpretation, and also establishes the only acceptable forms in which this procedure can be carried out.
Article 58 of the Civil Code of the Russian Federation regulates the principles ensuring the continuity of business entities within the framework of reorganization with the transfer of obligations and rights.
Article 60 of the Civil Code of the Russian Federation establishes mandatory guarantees for creditors - these include employees of each of the enterprises participating in the reorganization.
Article 72.1 of the Labor Code of the Russian Federation is devoted to the legal regulation of the transfer of an employee to another job, which will be carried out without fail as part of the reorganization if such an employee works in one of the merged enterprises. It is necessary to take into account that in this situation the standards of this article do not apply, allowing a transfer only with the consent of the employee - if the transfer is refused, this employee may be dismissed in accordance with the standards of the Labor Code of the Russian Federation.
Article 74 of the Labor Code of the Russian Federation considers changes in the terms of the employment contract, which will also occur in the event of a company reorganization. At the same time, the terms of the contract of employees at their previous jobs, if there is no change in the name or owner of the main company, as well as other aspects of their work remain unchanged, may not be revised. However, for workers of merging companies, it is mandatory to make changes to the terms of the contract, at least in connection with a change in the actual employer.
Article 75 of the Labor Code of the Russian Federation establishes the procedure for registering the transfer of ownership rights and its impact on labor relations, giving the employee the right to terminate employment with the new owners, and allowing the employer to terminate employment contracts with the director, his deputies and chief accountants, without resorting to the procedure itself abbreviations.
Article 77 of the Labor Code of the Russian Federation lists the grounds on which employment contracts can be terminated and the relationship between employers and workers can be terminated.
Article 81 of the Labor Code of the Russian Federation regulates the procedure for dismissal at the initiative of the employer - all cases of layoffs during reorganization in the form of affiliation fully fall into this category.
Article 82 of the Labor Code of the Russian Federation obliges employers to report the reduction of workers taking place at the enterprise to the trade union.
Article 178 of the Labor Code of the Russian Federation establishes the concept of severance pay and the principles of its payment - it is mandatory for employees dismissed during staff reductions, reorganization in the form of affiliation and in any other cases of reductions.
Article 179 of the Labor Code of the Russian Federation lists the categories of employees who should be retained at work as a matter of priority when deciding to lay off a portion of workers with the same position and qualifications.
Article 180 of the Labor Code of the Russian Federation guarantees additional rights for those workers who are fired due to reductions in the company, including after reorganization in the form of a merger.
Article 261 of the Labor Code of the Russian Federation establishes an unambiguous ban on the dismissal of a number of categories of employees at the initiative of the employer.

How to reduce staff during reorganization in the form of affiliation - procedure

Considering the fairly strict standards regarding the protection of workers' rights, so that the employer or its personnel does not have any problems in the event of staff reduction during reorganization through affiliation, it is necessary to become thoroughly familiar with the legislation. In short, in general cases the following procedure may be useful:

Employees of the joining organization are notified of the upcoming change in the terms of the employment contract after joining the new company. This notice must be given to employees at least two months before the joining date.
After the actual merger of the company and changes to the employment contract, you can directly begin the procedure for laying off workers. At the same time, employees should also be notified of the upcoming layoff two months in advance.

It should be remembered that the law requires respect for the rights of employees as part of the reduction after reorganization in the form of affiliation. Thus, the final employer can begin layoff procedures only upon registration of the transfer of ownership rights and, accordingly, any notices of layoff sent before this date are not considered valid.

Considering such difficulties, downsizing during reorganization by merger is a rather unpleasant procedure, including for HR departments of companies.

Therefore, if possible, employers should look for alternative ways to terminate the relationship - by mutual agreement, due to a change in the terms of the employment contract, or motivate employees to write a letter of resignation of their own free will.

Reduction during reorganization by merger - limitations and nuances

If it is planned to carry out reductions during reorganization by merger, employers should take into account the fact that employees of the acquired organization enjoy all the guarantees and rights provided by labor legislation in general cases.

The only exception may be employees holding the positions of director, his deputies and chief accountant - the new owner has the right to dismiss them on his own initiative, but also with the payment of severance pay, provided for directly in the employment contracts concluded with them, but in an amount not less than three months average earnings.

Also, layoffs of pregnant women are expressly prohibited, regardless of their position.

Moreover, for carrying out such a procedure, not only administrative liability is provided for as a violation of labor legislation, but also criminal liability imposed on the person responsible for the reduction.

It is also impossible to lay off women with children under three years of age, single mothers and women raising disabled children.

In the event of a reduction during reorganization by merger, the employer is also obliged to provide employees with the opportunity to find employment in other vacant positions in the company. Payment of severance pay is provided in the amount established by law from 2 to 4 average earnings at the previous place of work.

Since all obligations of the acquired companies are transferred to the new employer, he is also obliged to pay all arrears of wages, compensation for unused vacations and funds actually earned by the laid-off employees. ( 40 votes, 4.30 out of 5) Loading…

Source: https://sovetkadrovika.ru/organizaciya-biznesa/sokrashhenie-pri-reorganizatsii-v-forme-prisoedineniya.html

How to reduce staff during reorganization in the form of affiliation - procedure

Employees of the joining organization are notified of the upcoming change in the terms of the employment contract after joining the new company. This notice must be given to employees at least two months before the joining date.
After the actual merger of the company and changes to the employment contract, you can directly begin the procedure for laying off workers. At the same time, employees should also be notified of the upcoming layoff two months in advance.

Considering such difficulties, downsizing during reorganization by merger is a rather unpleasant procedure, including for HR departments of companies. Therefore, if possible, employers should look for alternative ways to terminate the relationship - by mutual agreement, due to a change in the terms of the employment contract, or motivate employees to write a letter of resignation of their own free will.

Reduction of staff during reorganization - Case

22.05.2021

In the course of the activity of an enterprise or institution, the need may arise to carry out reorganization measures.

The procedure for laying off workers during reorganization and a sample notification

In the process of its development, a company sooner or later faces the need for reorganization.
It may change its legal form or it may be bought out by another company.
At the same time, it is almost impossible to avoid personnel changes and related layoffs.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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general information

Reorganization of a legal entity means its liquidation with the subsequent formation of a new one, which is its legal successor.

In some cases, several companies are liquidated at once in order to create one large one. In others, on the contrary, one company is divided into many small ones.

Russian legislation allows for reorganization in five ways:

Merger.
Absorption.
Selection.
Separation.
Change of organizational and legal form.

A merger is considered a form of reorganization of several enterprises at once, whose owners decided to merge into one company.
Takeover , also called annexation, is a form of reorganization in which one company takes over another, becoming its successor.
Spin-off is when the owners of a company decide to create one or more new companies on its basis, allocating to them the property of the previous company, giving them part of the responsibilities.
Division is very similar to spin-off, the only difference is that the old company is destroyed, and in its place several new ones arise, which are successors to varying degrees.

Transformation occurs when the old organizational and legal form of the enterprise has exhausted itself and is not suitable for the development of the company. Then the owners decide to change it, liquidating not even the enterprise itself, but its old order of organization. For example, if the owners of an LLC want to transform the company into an OJSC.

How to understand what is happening - reduction or reorganization? According to Article 75 of the Labor Code, reorganization itself cannot be considered a reason for dismissals .

But at the same time, they are almost always accompanied by them, because the new organization does not need two identical staff positions or it does not need any position at all.

Downsizing and reorganization predominantly occur together during acquisitions and divisions, and is much less common in other forms of reorganization.

Once the decision to reorganize has been made, provide notice to your employees.
This is not mandatory, but it is necessary for employees to familiarize themselves with the new working conditions .
Those who do not agree with them are subject to dismissal; you will have time to make a corresponding entry in the work book for everyone.

It provides a reference to the specific meeting of the board of directors or other governing body where the decision to reorganize was made.

After this, it is indicated which positions and in what quantity are subject to reduction. A person responsible for all this is appointed and a commission is assembled to monitor the progress of the reductions.

The head of the commission is obliged to draw up and send notices of layoffs to employees . Each notice must contain the employee’s first and last name, as well as a link to Article 81 of the Labor Code.

The notice also includes the date of dismissal and a short reminder about the employee’s right to register with the labor exchange or move to another position in the same company.

At the same time, it is necessary to provide employees with other employment options, even if they are less paid.

Notification of upcoming layoffs is sent to employees 2 months in advance . From the moment the employee signs the notice, he has the right to register with the state employment service.

Sample notice of layoff of employee during reorganization.

Also, from this moment on, he officially applies for benefits and subsidies provided by law.

Personnel changes recorded in the reduction order are reflected in the staffing table.
This is not a mandatory document, but company owners create it for more transparent reporting. In this case, priority in legal force belongs to the employment contract. Documents that are required to carry out a reduction in numbers or staff : an order, notifications (to employees and to the regional employment service), a certificate of income of the employee.
If the employee does not want to sign the notice of staff reduction during reorganization, you should find two witnesses to the delivery of the notice and draw up a special act stating that the employee was notified. The act is then attached to the reduction order.

Reduction of the chief accountant during reorganization in the form of affiliation

) The manager and chief accountant who will retain their positions after the reorganization must be notified no later than two months in advance of the upcoming change in the terms of employment contracts, as provided for in Art.

Guarantees and compensation to employees in the event of liquidation of an organization, reduction of the number or staff of the organization's employees When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of the Labor Code.

Reduce the chief accountant during reorganization in the form of affiliation

reduction in numbers and staff;
the employee’s reluctance to continue working in connection with reorganization or changes in the terms of the employment contract.
change of owner. In this case, the director and his deputies, the chief accountant may be dismissed;

In this case, specialists with higher qualifications, experience, and labor productivity indicators have an advantage. There are categories of employees who cannot be laid off under any form of reorganization:

The procedure for dismissing the chief accountant during reorganization

If you disagree with these conditions, the employee has the right to write a letter of resignation. There is no need to write a statement of your own free will, as this will result in the loss of your right to severance pay. Approximate content of the statement: “I do not want to work due to the reorganization of the enterprise.”

Depending on the form of reorganization (division, transformation, merger, spin-off), there are specific features in the dismissal of employees. Additional agreement to TD In the form of affiliation Affiliation occurs if one or more organizations of their own free will join another enterprise, ceasing their independent activities. In this case, the dismissal of employees is not provided, so there is no need to notify employees in writing about the upcoming event.

Reduction of the chief accountant during reorganization in the form of affiliation

Salary for the period worked is determined based on the days actually worked and the average daily salary.
Days of unused rest (annual and additional) - the number of days is multiplied by the average daily wage.
Bonus accruals are calculated based on the percentage of the salary pre-established in local documents.
Cash for the period of employment (in case of reorganization leading to staff reduction) is equal to a monthly salary and is paid for 1-2 months (in some cases the period is extended to 3).

Women with family responsibilities. When reorganizing an institution, the Labor Code prohibits the dismissal of employees on maternity leave, maternity leave or pregnant women at the initiative of the employer. The exception is a procedure leading to the liquidation of the company or one’s own desire.
Employees on sick leave. Dissolution of an enterprise can begin when an employee is on leave due to temporary disability and is laid off. During this period, dismissal will be considered illegal; you should wait until you return. However, it is advisable to send a notice to your home address about the upcoming reorganization and reduction.
Part-time employees are employees who work part-time. They are full-fledged employees with social guarantees. Termination of a part-time employment contract follows the general principle.
Pensioners and persons of pre-retirement age. There are no separate benefits provided for this category of people in the event of layoffs. They only have the advantage of a high level of qualifications and rich practical experience, which increases the chances of remaining in the organization.

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Dismissal of the chief accountant during reorganization in the form of affiliation

organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they can be changed at the initiative of the employer, with the exception of changes in the employee’s labor function.

It should be noted that by virtue of clause 2 of Art. 57 of the Civil Code of the Russian Federation, when a legal entity is merged with another legal entity, the rights and obligations of the merged legal entity are transferred to the latter. As for labor relations, according to part five of Art. 75 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the reorganization of a legal entity (including merger) cannot be a basis for terminating employment contracts with employees of this organization. In other words, labor relations with employees of the organization that has ceased operations continue, and the new employer for them (part four of Article 20 of the Labor Code of the Russian Federation) becomes the legal successor of the reorganized organization. In this case, the new employer exercises the rights and fulfills the obligations of the previous employer in relations with employees. This also applies to the rights and obligations that follow from the local regulations of the legal predecessor, containing labor law norms (Article 8 of the Labor Code of the Russian Federation). For example, if the former employer has an obligation to make an incentive payment stipulated by the order (part two of Article 135 of the Labor Code of the Russian Federation), or to reimburse expenses associated with a business trip (including payment of daily allowance in the amount determined by local regulations - part four of Article 168 of the Labor Code of the Russian Federation ), or provide additional paid leave (part two of Article 116 of the Labor Code of the Russian Federation) and this obligation is not fulfilled until the completion of the reorganization, it must be fulfilled by the new employer. However, in this case we are talking specifically about the transfer of the duties of the previous employer (arising from local regulations) to his successor, and not about the fact that the local regulations of the reorganized legal entity as such remain in effect for the new employer. Within the meaning of part two of Art. 5, art. 8 of the Labor Code of the Russian Federation, local regulations regulate labor relations between employees and the employer who adopted these acts. Therefore, from the moment the reorganization in the form of affiliation is completed, the employees of the successor organization are subject to local regulations adopted by this organization. With such acts, since they are directly related to the labor activities of employees of the reorganized legal entity, employees must be familiarized with signature (part two of Article 22 of the Labor Code of the Russian Federation), of course, if they have not refused to continue working in connection with the reorganization (part six of Art. 75 Labor Code of the Russian Federation). The same essentially applies to staffing. Within the meaning of Art. 75 of the Labor Code of the Russian Federation, the staffing table of the successor organization is formed and approved taking into account changes in the structure, staffing and number of employees. At the same time, employees whose staffing units (staff positions) are not reflected in the staffing table of the successor organization are subject to dismissal in accordance with clause 2 of part one of Art. 81 of the Labor Code of the Russian Federation in connection with a reduction in the number or staff of the organization’s employees (letter of Rostrud dated 02/05/2021 N 276-6-0). For a new employer, the staffing table of the legal predecessor organization as such does not remain valid, however, the continuation of labor relations with the employees of this organization entails the need for him to make changes to his own staffing table, supplementing it with information about the positions (number of staff units) of new employees (if there is no reduction in the number of employees or staff).

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