It is quite difficult to fire an employee to reduce the organization's staff, or the number of employees; this is not a single action, but a complex measure. Missing any stage in it is fraught with the recognition of the illegality of the dismissal. The first and foremost action for the employer should be to draw up an order to reduce staff.
It is necessary
sample order on the implementation of measures to reduce the number of employees or staff of the enterprise, form T-8
The order to reduce the number or state is drawn up by the employer in any form, although you can use samples from any reference and legal system. This can be an order to make changes to the staffing table or an order to carry out activities to reduce staff, for example. The order is assigned a number, the date is indicated, as well as the formal reason for its publication, for example, "In connection with the organizational and staff measures, I order …".
The main part of the reduction order is a list of staffing units to be reduced, indicating their number and affiliation to a particular structural unit, as well as the date from which the upcoming changes come into force.
In addition, the order should reflect the entire range of activities carried out in connection with personnel changes in the organization. It should be indicated to whom and in what time frame: decide who will be dismissed by name; notify the employment services that they will have new clients; prepare notices for employees and familiarize the latter with them; to offer, in accordance with the labor legislation, released workers another position at the enterprise in the presence of vacancies; finally, prepare orders for termination of the employment contract.
The order on reduction measures is signed by the head of the organization and the chief responsible for implementation (confirming their familiarity).
The employer is obliged to draw up an order to reduce the number or staff and familiarize the dismissed employees with it no later than two months before the dismissal. However, it should be put into effect exactly from the same time as the order to terminate the employment contract with the employee, otherwise a paradox will arise: the staffing unit has already been reduced, and the employee has been working on it for two months, but on what basis, in fact?..
The issuance of an order for the dismissal of an employee is the final stage in a set of measures to reduce staff. The basis for the order to reduce the staffing level is the form of the usual order to terminate the employment contract, which is in any reference and legal system. This is a unified form T-8, approved by the Decree of the State Statistics Committee of Russia dated 05.01.04 No. 1.
The standard details are entered into the T-8 form: the number and date of the order, the name of the organization and structural unit, the name and position of the dismissed employee, his personnel number. Also, the details of the employment contract concluded with the employee and the date of dismissal (the last day of work) are entered in the document. In the column "Reason" indicate the reason: "reduction of the staff of the organization." In addition, there is a special column for detailed details of all available documents related to redundancy: the initial order of redundancy in the organization, notification of the employee, a written proposal to him for another job with certification of his refusal, etc.
The order is signed by the head of the organization and brought to the attention of the employee against signature. If familiarization of the employee with the order is impossible for any reason (including the unwillingness of the employee himself), a corresponding entry is made in the order.