Firing a downsizing employee is the easiest way to leave. It is enshrined in clause 2 of article 81 of the Labor Code of the Russian Federation. When dismissing for redundancy, it is important that the reduction actually took place and was confirmed by documents. In addition, it is important to pay the laid-off workers severance pay.
Instructions
Step 1
Reducing the number of employees is one of the most effective measures to improve the organization of work. To dismiss an employee for this reason, it is necessary to prove the fact of the reduction. It can be proven by making changes to the staffing table of the company. Dismissal should be carried out after the appearance of the changed staffing table.
Step 2
To lay off workers on layoffs, a layoff commission is formed, as a rule, consisting of a HR director, a company lawyer and (if any) a union representative. The commission selects the employees it wants to fire. The dismissal of pregnant women, as well as minor employees, without the consent of the guardianship and guardianship authorities is not allowed. Also, dismissal of those on vacation or sick leave is not allowed.
Step 3
The dismissed employee must be notified of the upcoming dismissal in writing at least two months before dismissal. If the employer has a position suitable for the dismissed employee or a lower position, then he is obliged to offer him to transfer to such a position and only after refusing to transfer he has the right to dismiss the employee.
Step 4
Upon dismissal due to redundancy, the employee is paid severance pay - his average monthly earnings. In addition, the employee retains the average monthly earnings for the period of employment, which cannot exceed two months from the date of dismissal.
