According to paragraph 2 of Article 81 of the Labor Code of the Russian Federation, the employer has the right to terminate the employment contract with the employee in the event of a reduction in the number of staff. When carrying out this procedure, it is necessary to correctly draw up all the documents.
Instructions
Step 1
First of all, you need to issue an order on the creation of a commission, which will be responsible for deciding on the reduction of specific employees. This procedure is optional, but desirable. On the basis of the decision taken, a protocol is drawn up. This document lists the specific positions and staff that are to be cut.
Step 2
Form a list of redundant positions and employees. Issue a downsizing order. This procedure must be carried out 2 months before the proposed dismissal. It should be noted that the order, despite the early date of drawing up, is put into effect from the date of signing the order to dismiss employees.
Step 3
Warn the employee about the upcoming layoff. This must be done 2 months before the termination of the contract. To do this, write a letter to his address. He must write a receipt stating that he is familiar with the situation. Leave one copy of the letter to yourself (with the employee's signature), and give the second to the employee himself. If he does not agree with the reduction, fill out an act on the employee's refusal to read the letter.
Step 4
If possible, offer the person to be dismissed to take another position. In case of refusal, he must write on the letter “I refuse the offered vacancies”. If there are no vacancies, you must send a notification to the employee of this.
Step 5
Notify the employment center and the elected trade union body a few months before the order takes effect. To do this, write an appropriate letter to their address, provide a copy of the protocol issued by the commission, as well as letters and orders.
Step 6
Issue an order to terminate the employee. Give this document to him for review. Make an entry in the work book, based on paragraph 2 of Article 81 of the Labor Code of the Russian Federation. Apply for a personal card. Pay severance pay and compensation to the laid-off employee.
