home Credit 2 months notice. When should notice of dismissal occur? Is it necessary to indicate the exact date of dismissal in the notice of dismissal of an employee?

2 months notice. When should notice of dismissal occur? Is it necessary to indicate the exact date of dismissal in the notice of dismissal of an employee?

Madrich - Law company

Downsizing at work

Good day. The employer is laying off workers in March, but I did not sign any warning documents about the layoff (that is, 2 months before the layoff).

I work as a security guard with night shifts at a plant. Now the employer has informed me that I must sign documents about the layoff (as required, I was warned 2 months in advance), and for these two months I continue to work, but the employer transfers me only to day shifts; my salary is reduced accordingly, and then after I have worked for 2 months, I will be paid my salary for half a year, again at the daily rate, that is, significantly less.

Is this transfer to the day shift legal?

And the second option is that they offer me one day to write a statement as agreed by the parties, pay me compensation for half a year all at once, and break up with me. But what about the two months that I can still work and receive my legal salary?

Help me figure this out, thanks in advance.

Alexander, Petrozavodsk

Warning the employee about layoffs 2 months in advance

Lawyer: Dmitry Chernobavsky

Job layoff

I am being laid off without prior notice, average salary is 30,000 rubles.

documents arrived. They give you the rest of your salary + 24,000 rubles. What can I expect for money?

Artem, Ufa

Warning the employee about layoffs 2 months in advance

Lawyer: Lyudmila Khripushina

offline now

Good afternoon On the last working day, when an employee is dismissed due to a reduction in the number or staff of the organization’s employees, the employer is obliged to pay the employee:

— wages for the period of work before dismissal, including bonuses, allowances and other payments (Articles 136, 140 of the Labor Code of the Russian Federation);
— monetary compensation for unprovided leave (Article 127 of the Labor Code of the Russian Federation);
— severance pay in the amount of average monthly earnings (Article 178 of the Labor Code of the Russian Federation).
The employer notifies employees personally and against signature of the upcoming dismissal due to a reduction in the number or staff of the organization's employees at least 2 months before the dismissal (Part 2 of Article 180 of the Labor Code of the Russian Federation).

If an employer dismisses an employee with his consent before two months, then the employee is also entitled to additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal (Part 3 of Article 180 of the Labor Code of the Russian Federation).

Lawyer: Sergey Matveenko

offline now

I'm being laid off without prior notice

In this case, the norms of the Labor Code Article 178-180 of the Labor Code of the Russian Federation have been violated - the procedure was carried out in violation of the norms of the Labor Code of the Russian Federation in case of a complaint - you can challenge and be reinstated at work + they will pay for forced absence... if you are laid off - + there should be payments for the layoff

Article 180. Guarantees and compensation to employees in the event of liquidation of an organization, reduction of the number or staff of employees of the organization
[Labor Code of the Russian Federation] [Chapter 27] [Article 180]
When carrying out measures to reduce the number or staff of an 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 this Code.
Employees are warned by the employer personally and against signature about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees. at least two months before dismissal
Article 178. Severance pay
[Labor Code of the Russian Federation] [Chapter 27] [Article 178]
Upon termination of an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of employees of the organization (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of average monthly earnings,and he also retains his average monthly salary for the period of employment, but not more than two months from the date of dismissal(including severance pay).

Reduction of more than 100 employees without enforcement in 2 months

Reduction without enforcement in 2 months if there is 1 child less than 3 years old and I am the 1 breadwinner in the family. What is the right thing to do in this situation? What should I say?

Alexey, Moscow

Warning the employee about layoffs 2 months in advance

Lawyer: Galina Gudkova

offline now

Why without warning, you yourself write that you were warned two months in advance.

Article 180. Guarantees and compensation to employees in the event of liquidation of an organization, reduction of the number or staff of employees of the organization

Employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.

Upon termination of an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as for he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

Art. 179 Labor Code of the Russian Federation. When the number or staff of employees is reduced, the priority right to remain at work is given to employees with more high performance labor and qualifications.

With equal labor productivity and qualifications, preference in remaining at work is given to: family - if there are two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood); persons in whose family there are no other independent workers; employees who received a work injury or occupational disease while working for this employer; disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work.

If you know that someone at work is being left with the same position as you, you will have the right to appeal your dismissal to the court within a month. And during this time you should be offered other vacant positions.

Lawyer: Ekaterina Kondratyeva

offline now

Good afternoon,

1. We determine those who have a preferential right to remain at work (Article 179 of the Labor Code of the Russian Federation)

When the number or staff of employees is reduced, priority right to remain at work is given to employees with higher labor productivity and qualifications.
With equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood); persons in whose family there are no other independent workers; employees who received a work injury or occupational disease while working for this employer;
; employees who improve their qualifications in the direction of the employer without interruption from work.

2. Then we notify (Article 180 of the Labor Code of the Russian Federation)

When carrying out measures to reduce the number or staff of an organization’s employees, the employer is obliged to offer the employee another available job (vacant position)
About the upcoming dismissal due to
If there is a reduction in the number or staff of an organization, employees are notified by the employer personally and against signature at least two months before dismissal.

3. Benefit... (Article 178 of the Labor Code of the Russian Federation)

Upon termination of an employment contract due to
reduction in the number or staff of the organization's employees
the dismissed employee is paid severance pay in the amount of average monthly earnings, and he also retains his average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay).
In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

According to the provisions of the Law of the Russian Federation of April 19, 1991 N 1032-1 (as amended on December 28, 2016)

“On employment in the Russian Federation” (Part 3, Article 13)

Citizens dismissed from organizations, from individual entrepreneur in connection with a reduction in the number or staff of employees of an organization, an individual entrepreneur, in accordance with concluded collective agreements (agreements), after dismissal, the preservation of the queue for housing (improvement of living conditions) at the previous place of work is guaranteed, as well as the opportunity to use medical institutions, and their children - preschool educational organizations on equal terms with citizens working in this organization.

4. If we believe that the dismissal is illegal, we go to court (Articles 392 - 396 of the Labor Code of the Russian Federation)

The employee has the right to go to court
for disputes about dismissal - within one month from the date of delivery of a copy of the dismissal order or from the date of issue of the work book.

The employee is exempt from legal costs.

The employee is reinstated by the court to his previous place of work, with payment of average earnings for the period of forced absence, if the dismissal is considered justified.

The decision to reinstate an illegally dismissed employee,
subject to immediate execution. If the employer delays the execution of such a decision, the court that made the decision makes a ruling to pay the employee average wages for the entire time of delay in execution of the decision.

P.S. Don’t write “on your own”, because... In court you will have to prove why you were forced to write.

Termination of an employment contract at the initiative of an employee is permissible in cases where filing a resignation letter was a voluntary expression of his will. If the plaintiff claims that the employer forced him to submit a letter of resignation due to at will, then this circumstance is subject to verification and the responsibility to prove it rests with the employee

Reason: Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2

(as amended on November 24, 2015) “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (paragraph “a”, paragraph 22)

For example, you will have to find witnesses who will confirm that you were asked to write a statement.

Commentary by K. Ya. Ananyeva

When carrying out measures to reduce the number or staff of employees, the employer is obliged to:

– offer the employee, in accordance with his qualifications, another available job (vacant position) in the same organization;

– warn the employee personally (against signature) at least 2 months before the upcoming dismissal under the circumstances provided for in this article.

With the written consent of the employee, the employer has the right to terminate the employment contract without prior warning 2 months before dismissal with a mandatory one-time payment to the employee of additional compensation in the amount of two months' average earnings.

Commentary by K. N. Gusov

§ 1. Required condition The legality of terminating an employment contract due to a reduction in the number or staff of an organization's employees is the employer's fulfillment of the obligation to take measures aimed at finding employment for the employee. These measures consist of the employer selecting for this employee another job in the same organization. The Code obliges the employer to offer the employee another available job (vacant position) in the same organization that matches the employee’s qualifications. It is obvious that the proposed work must correspond not only to the qualifications of the employee, but also to his profession and specialty. In addition, the employer’s obligation to employ an employee subject to layoffs should be considered fulfilled in the case when, in the absence of work in the specialty and qualifications of the employee, he was offered another job in this organization, which he refused to perform.

§ 2. Another indispensable condition for the legality of termination of an employment contract in connection with the liquidation or reduction of the number or staff of employees is the mandatory warning of the employee by the employer personally against signature at least two months before dismissal. The employee may be warned for a longer period of time, which is not a violation of the law.

Personal warning means that each individual employee must be personally warned of the upcoming dismissal. Therefore, this condition is not considered fulfilled if employees received such a warning, for example, at general meeting labor collective or at a meeting of employees of a separate structural unit organizations. A personal warning must be confirmed by the employee’s personal signature.

The Code establishes a new rule, by virtue of which an employment contract can be terminated with the written consent of the employee and without warning him about dismissal two months in advance, with the simultaneous payment of additional compensation in the amount of two months' earnings (for payment of severance pay upon dismissal, see commentary to Article 178 of the Labor Code ). In this case, upon dismissal, the employee must be paid an amount equal to three months’ average earnings, then the average monthly earnings for the period of employment must be retained for the second, and, by decision of the employment service authority, for the third month. Dismissal of an employee upon his written application before the expiration of the notice period without payment of additional compensation under paragraphs. 1, 2 tbsp. 81 is not provided for by the Code, since dismissal in these cases is carried out at the initiative of the employer, and not the employee.

§ 3. When carrying out measures to reduce the number or staff of an organization’s employees, which could lead to mass layoffs, the employer, taking into account the opinion of the elected trade union body, takes the necessary measures, for example, introducing a part-time working regime (see commentary to Article 73 of the Labor Code); no later than three months before the start of the relevant activities in writing informs the trade union body about this (see commentary to Article 82 of the Labor Code), takes other necessary measures provided for by the Code, federal laws, collective agreement, agreement.

Commentary by S. A. Panin

1. The Labor Code of the Russian Federation obliges the employer to take measures to find employment for an employee whose place of work (position) is subject to reduction, and, first of all, to offer a job in the same organization. The employee must be offered a job in his profession, specialty, qualifications, and in the absence of such work, another job to which he can be transferred with his consent in the same organization.

At the same time, it must be borne in mind that the employee does not have the right to demand from the employer a vacant higher position or work, the performance of which requires retraining the employee to acquire another profession or specialty.

2. The employee must be personally warned about the upcoming dismissal, against receipt, at least two months in advance. An employee may be warned about dismissal more than two months in advance, i.e. dismissal carried out, for example, three months from the date of warning is not considered a violation of the requirements established by this Code.

During the notice period, the employee must perform the duties provided for employment contract, it is subject to internal rules labor regulations organizations. If these rules are violated, the employee may be subject to disciplinary action and dismissed for another reason, for example, for absenteeism.

3. Dismissal under paragraphs. 1 and 2 tbsp. 81 of the Code before the expiration of the warning period is possible in two cases.

The employer has the right, with the written consent of the employee, to dismiss him without notice of dismissal and pay appropriate compensation.

The employee has the right to ask the employer in writing to terminate the employment contract under paragraphs. 1 and 2 tbsp. 81 of the Code before the expiration of the warning period. It should be borne in mind that in this case the Code does not provide for the payment of additional compensation, and dismissal itself is a right and not an obligation of the employer.

4. For the measures that an employer must take in the event of a threat of mass layoffs, see the comments to Art. 73 and 82 of the Code.

Hello, severance pay is provided for in Article 178 of the Labor Code of the Russian Federation

Article 178. Severance pay
Upon termination of an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as for he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).
In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.
Severance pay in the amount of two weeks' average earnings is paid to the employee upon termination of the employment contract due to:
the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (clause 8 of part one of Article 77 of this Code);
calling the employee to military service or by sending him to an alternative civil service that replaces it (clause 1 of part one of Article 83 of this Code);
reinstatement to work of an employee who previously performed this work (clause 2 of part one of Article 83 of this Code);
the employee’s refusal to be transferred to work in another area together with the employer (clause 9 of part one of Article 77 of this Code);
recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code);
refusal of the employee to continue working in connection with a change in the terms of the employment contract determined by the parties (clause 7 of part one of Article 77 of this Code).
An employment contract or collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay.

Failure to notify a job reduction may affect the date of dismissal, including judicial procedure the date of dismissal can be changed to the date of expiration of 2 months from the date you received notice, any additional payments this does not entail, the only thing is that the employer will pay the difference, i.e. average for the entire period.

In this article I would like to focus on a number of legal aspects that make it possible to most effectively, with little cost, reduce staff while maintaining key personnel and without breaking the rules federal legislation, as well as prevent consequences in the form of reinstatement of the employee at work, payment for forced downtime, compensation for moral damage and penalties in the future.

The current state of affairs in financial sector unstable, and, as a result, arisen in the country and business economic problems entail the need to tighten our belts, including by optimizing human resources.

Companies seeking to stabilize financial position, are concerned about labor efficiency, the skill level of staff, and the amount of work each worker does (workload).

The current Labor Code of the Russian Federation provides for such grounds for termination labor relations at the initiative of the employer, such as a reduction in staff or number of employees. By terminating the relationship on this basis, the employer exercises the right to choose the optimal organizational structure: what position he needs, and what position is no longer needed. To avoid reinstatement and demands compensation payments, the employer must comply with the algorithm established by law.

Firstly, the law provides certain period notifications to both the employee and the competent authorities (employment services, trade union, if one has been created at the enterprise) about the upcoming reduction of position. No later than two months before the start of the relevant activities, it is necessary to notify the employment service about this in writing and indicate the position, profession, specialty and qualification requirements to each of the laid-off workers, as well as the conditions of payment for their labor.

If a decision to reduce the number or staff of an organization’s employees may lead to mass layoffs of employees, the employer notifies about this no later than three months before the start of the relevant measures. The criteria for mass layoffs are established by the Regulations on the organization of work to promote employment in conditions of mass layoffs. The main one is the indicator of the number of employees being dismissed due to a reduction in the number or staff of workers for a certain calendar period.

In addition, if a primary trade union organization has been created in the company, then the employer is obliged to inform the elected body of this organization about upcoming events in writing no later than two months before the start of their implementation, and if the decision to reduce the number or staff of employees may lead to mass layoffs of workers - no later than three months before the start of the relevant activities.

The employer is obliged to notify the employee himself of the upcoming dismissal due to a reduction in the number or staff of the organization's employees at least two months in advance, and the notification must be signed by the employee. In such a notice, it is legally correct not to set a specific date for termination of the employment contract, but to indicate that it will take place no less than 2 months from the date of delivery of this notice. This is due to the fact that the current labor legislation does not allow termination of an employment contract with an employee during the period of his temporary incapacity for work, while on vacation, or at military training.

If the notice indicates a specific date for termination of the contract, and the employee takes out a certificate of temporary incapacity for work on this date, then the notice will lose its legal force, that is, the employment contract will be considered extended with all the ensuing legal consequences for the parties, and the employee can be reinstated by court decision.

With the written consent of the employee, the employer has the right to terminate the employment contract with him before the expiration of the two-month period specified in the notice, paying the employee additional compensation in the amount of average earnings for the time remaining before the expiration given period. The employee is paid severance pay in the amount of average monthly earnings, while he retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay).

Thus, analyzing the norms of the current legislation in terms of notification periods, we can draw the following conclusion. Company management should begin planning measures to reduce staff or number of employees at least 2 months before the expected date of their implementation, and if there is a primary trade union organization at the enterprise, then 4–6 months. 2-3 months before the date of the proposed layoff, it is necessary to notify the trade union and the employment authority, and then, at least 2 months before, directly to the employee himself (staffing unit).

Compliance with the deadlines established by law for notifying employees and the relevant authorities is a guarantee of the legitimacy of the reduction. In particular, in judicial practice There are precedents for cases of an employer violating the deadlines for notifying employees of an upcoming staff reduction, established by federal law.

Failure to comply with such deadlines (failure to notify the employee, notification less than two months before the expected date of staff reduction or number of employees, etc.) is grounds for reinstating the employee in his previous position, with payment for temporary downtime due to the fault of the employer. In addition, the employer has the opportunity to “pay off” for moral damage caused to the employee in connection with the illegal deprivation of his opportunity to work, and reimburse the costs of paying for the services of a representative.

Moreover, employers need to keep in mind that the courts have been given clarifications: when considering cases of reinstatement at work of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis and compliance established order dismissals are the responsibility of the employer.

The notice periods discussed above apply to those categories of employees with whom the employment contract is concluded for an indefinite period. If employees who have entered into an employment contract for a period of up to two months, or seasonal workers, are subject to a reduction in staff or number of employees, then the former are required to notify the former of the upcoming reduction at least 3 calendar days in advance (Part 2 of Article 292 of the Labor Code of the Russian Federation), and seasonal workers - no less than 7 calendar days, in accordance with the requirements of Part 2 of Art. 296 Labor Code of the Russian Federation.

The employer must also take into account that the current labor legislation establishes several categories of workers who cannot be dismissed due to staff reduction: pregnant women, women with children under the age of three, single mothers raising a child under the age of 14 (disabled child - up to 18 years old), and other persons raising children from these groups without a mother (Article 261 of the Labor Code of the Russian Federation). Dismissal due to staff reduction of an employee under 18 years of age, in addition to compliance general order, is permitted only with the consent of the relevant state inspection labor and the commission on affairs of minors and protection of their rights (Article 269 of the Labor Code of the Russian Federation). In addition, the employer must take into account the requirements of the law, by virtue of which, upon dismissal due to reduction in headcount or staff, the employer is obliged to offer the employee another available job (vacant position) in accordance with Part 3 of Art. 81 Labor Code of the Russian Federation.

Part 3 Art. 81 of the Labor Code of the Russian Federation determines that dismissal due to a reduction in the number or staff of an organization’s employees is permitted if it is impossible to transfer an employee with his written consent to another available job (both to a vacant position or work corresponding to the employee’s qualifications, and to a vacant lower position or lower paid job), which a person can perform taking into account his state of health. When deciding whether to transfer an employee to another job, the manager must also take into account the person’s real ability to perform the work offered to him, taking into account his education, qualifications, and experience. In this case, the employer is obliged to offer the employee all vacancies that meet the specified requirements, available in the given locality or in other regions, if this is provided for by the collective agreement, agreements, or employment contract. If the employer does not have a suitable position, he is also obliged to notify the employee about this. Failure by the employer to provide another job suitable for the employee is a violation of the dismissal procedure and entails the latter’s reinstatement at work in his previous position.

Termination of an employment contract in the event of a reduction in the number or staff of employees is possible only on the condition that the employee does not have a preferential right to retain his job established by Art. 179 Labor Code of the Russian Federation. By general rule workers with higher labor productivity and qualifications are in a privileged position. Such employees are considered the most valuable, and they can only be dismissed due to layoffs as a last resort; however, the employer retains the right to provide for other categories of privileged employees by collective agreement.

The employer must carry out measures to reduce staff or personnel in such a way that there is no discrimination against employees and the court, if an employee applies, does not have the opinion that these measures are aimed directly at laying off a specific person. An example of discrimination would be next situation: the employer notified the accountants of the upcoming reduction of this position and offered to transfer to the position of an accountant-calculator to everyone, with the exception of one employee, to whom such an offer was not made. After two months this employee was dismissed under clause 1 of Art. 81 of the Labor Code of the Russian Federation - reduced. He filed a corresponding statement of claim in court, by whose decision he was reinstated in his previous position with the same manager, with payment for the forced downtime.

Current legislation imposes obligations on the employer to pay the employee certain compensations provided for in Art. 178 of the Labor Code of the Russian Federation, namely: the dismissed employee is paid severance pay in the amount of average monthly earnings, and he also retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the employee for the third month from the date of dismissal - by decision of the employment service body, provided that within two weeks after dismissal the employee applied to this body and was not employed by it. And it is not possible for the employer to evade this obligation.

Despite the certain complexity of the procedure and the need for established Labor Code payments, many employers are going to reduce staff or the number of employees, citing the fact that a one-time disposal of unnecessary staff and making appropriate payments to them is economically justified: in the future, the employer will have a real opportunity to organize a business in accordance with its economic capabilities and labor resource needs .

1. Item 1. Art. 81 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).
2. This duty Part 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On employment in the Russian Federation.”
3. For example, massive reduction dismissal of 50 or more people within 30 calendar days can be considered; 200 or more people within 60 calendar days; 500 or more people within 90 calendar days.
4. The requirement is established by Art. 82 Labor Code of the Russian Federation.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”
6. Part 1 Art. 180 Labor Code of the Russian Federation
7. clause 29 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”

Among other methods of terminating an employment contract, dismissal due to reduction stands out. The fact is that among other types of dismissal provided for by the Labor Code (Labor Code of the Russian Federation), this is the most labor-intensive, but at the same time, perhaps, the most guaranteeing compliance with the rights of the employee.

Tom, what an employee and employer need to know when reducing staff, I dedicated this article.

The dismissal of an employee due to staff reduction is included in Article 81 of the Labor Code of the Russian Federation, which considers all cases when an employment contract is terminated by the employer.

○ Dismissal due to staff reduction.

✔ Labor Code on dismissal due to staff reduction.

Article 81 of the Labor Code of the Russian Federation combines both cases of dismissal for absenteeism, violation of discipline or labor protection measures, and cases when an employee quits, although he is not guilty of anything (these include, in addition to layoffs, liquidation of an organization, for managers and their deputies and chief accountants - change of owner of the organization).

The Labor Code of the Russian Federation does not decipher the difference between staff reduction and staff reduction. In practice, the difference is also insignificant and consists only in the fact that when the number of employees is reduced, the position in staffing table remains, but there will be fewer employees on it (for example, instead of three managers there will be only one left in the department).

When staffing is reduced, a specific position is completely excluded from the schedule (for example, the position of a personnel officer is abolished at an enterprise, and his duties are transferred to an accountant).

✔ Who can and cannot be laid off?

Despite the fact that the reduction in the number or staff of employees depends entirely on the initiative of the enterprise management, the law provides for certain benefits for a number of categories of employees.

I'll tell you more about them below. For now, I will say that when reducing there is a rule about preferential retention at work. Art. 179 of the Labor Code of the Russian Federation provides that during layoffs, workers with less qualifications and lower labor productivity should be dismissed first.

In practice this usually means that workers with less work experience are laid off first, since seniority usually implies experience.

When making redundancies, the results of qualifying exams, the employee’s education (in the same position, an employee with higher education will enjoy an advantage over a colleague with a secondary specialization), as well as the indicators achieved by each of the employees over the previous period.

The Labor Code of the Russian Federation and other acts also require that the following employees have priority when remaining at work:

Having disabled children.
Single mothers and fathers.
The only breadwinners.
Those suffering from injury or occupational disease obtained from this enterprise.
Disabled war veterans.
Heroes of the USSR and the Russian Federation, holders of the Order of Glory.
Victims of the Chernobyl disaster and the Semipalatinsk tests.
Improving qualifications in the direction of the organization, combining training with work.
Employee inventors (oddly enough, the USSR Law “On Inventions in the USSR” in this part is still in force).

In addition, some employees cannot be dismissed by the employer at all except at their own request, by agreement, or for committing an offense.

In relation to layoffs, in addition to regular beneficiaries, members of trade union leadership at least below the shop level cannot be dismissed.

It is prohibited to dismiss elected representatives of a collective of employees who participate in resolving disputes with the employer.

✔ The main reasons for the reduction.

The law does not directly establish in what cases an employer has the right to reduce the number or staff of employees.

The Constitutional Court of the Russian Federation, in its ruling No. 867-О-О dated December 18, 2007, established that this is the right of the employer in cases where economic necessity requires it.

However, in turn Supreme Court The Russian Federation, by definition of December 3, 2007 No. 19-B07-34, introduced the rule that in the event of a dispute, the court has the right to verify the need and validity of the reduction.

Thus, an employer who wishes to take such measures must order about the reduction, indicate the exact reasons for the dismissal.

As a rule, the reasons forcing workers to be laid off are:

Low profit of the enterprise and the inability to pay salaries to the previous staff.
Low efficiency of the previous staff and the presence of positions that are not needed.
Changes in technology or production organization, in which some workers are unclaimed.

✔ The necessary conditions.

Dismissals of employees due to reductions are possible provided that the employer meets a number of conditions

Full and strict compliance with the reduction procedure provided for by law.
If the enterprise previously concluded collective agreements with employees, or the employment contracts of those being dismissed contain additional guarantees upon dismissal, these must also be observed.
Justification for dismissal.
As already mentioned, in the event of a dispute, the court has the right to check whether the dismissal was justified economically and organizationally.
Employment service notification.
This point is worth highlighting separately, since some employers manage to completely forget about this requirement, as a result of which they are then forced to pay fines and pay employees for forced absenteeism.

✔ Procedure, procedure and rules for dismissal due to reduction.

Reduction of staff for any enterprise is a rather complicated procedure, and violation at any of its stages is fraught with a fine or legal proceedings for the employer.

Dismissal must be done in the following order:

Order on planned dismissal due to reduction - at least two months in advance;
Employment service warning and trade union organization(if the enterprise has one) - no less than two months, in case of mass layoffs - no less than three.
Deadline for payment of wages for the part of the month worked, compensation for unused vacation and severance pay - no later than the day of dismissal.
Payment terms average salary for an employee registered with the employment service but not employed – up to two months.

Violation of these deadlines may lead to a fine for individual entrepreneurs - up to 50 minimum wages, for legal entities– up to 500 minimum wage.