Often, employers violate the process of laying off workers due to staff reductions, which leads to litigation. Step-by-step instructions will help you avoid common mistakes
It is necessary
Labor Code of the Russian Federation
Instructions
Step 1
Before issuing an order on the upcoming reduction in the number or staff, you must exclude all vacant positions that are currently available in the organization, otherwise you will have to offer them as alternatives to the downsized employee.
Step 2
We issue an order (order) on dismissal in connection with the reduction in such and such a department of such and such a position after two months from the date of the order. Introduce under the signature a person whose position falls under the reduction, if the person does not fall under the category of people who cannot be reduced at this stage of time, according to the Labor Code of the Russian Federation: single mothers raising children under 14 years old, women with children under the age of three years, the only breadwinners in the family.
Step 3
After that, we fill out a special form from the Employment Center, where we indicate the position, age, total work experience and work experience in this position. We certify the completed form with the signatures of a HR specialist and the head of the enterprise. We transfer the finished form to the Employment Center.
Step 4
Next, we are preparing an official letter for the trade union committee, where we inform the members of the trade union organization that such and such an employee has been warned two months in advance of the upcoming layoff. The trade union is obliged on the fact of this letter to hold a meeting and provide you with the minutes of the meeting.
Step 5
Within two months, employees of the personnel department are required to offer the downsized employee all the vacant positions available at that time that are suitable for his qualifications. All this is drawn up in the form of an act with the signatures of the downsized employee on consent / disagreement with the proposed position and personnel officers. If there are no vacancies, then personnel workers must still notify the laid-off workers in writing, against signature, about the absence of vacancies within two months.
After two months, if the employee has not been provided with another position, he is dismissed due to a reduction in the number or staff.
