A wave of staff layoffs can occur in any enterprise for various reasons. All employees are laid off at the termination of the enterprise. The procedure for this action is described in detail in the Labor Code of the Russian Federation (Article 81). Every employer, regardless of the form of ownership of the enterprise, is obliged to strictly observe it.
It is necessary
- - trade union notification;
- - employee notification;
- - a written proposal for another job;
- - notification of the employment center.
Instructions
Step 1
When reducing staff, be guided by the Labor Code of the Russian Federation. You have the right to lay off all employees if your business closes or terminates an employment contract with one or more employees before the expiry of the termination period specified in this document, as well as if you have an open-ended employment contract.
Step 2
You must notify the union after the decision to downsize staff is made. In accordance with article 402 of the Labor Code of the Russian Federation, you must do this in writing three months before the direct reduction.
Step 3
After notifying the union, write a written notice for each employee to be laid off. Even if the company closes and the downsizing affects everyone, you still have to notify everyone individually, in writing, and receive signatures of each employee under the notifications.
Step 4
If the employee refuses to sign the notice, file a written waiver. When drawing up the act, the members of the trade union organization or the administrative staff of the enterprise must be present.
Step 5
At the same time as the notice of the layoff, submit a written offer for another job at your facility or subsidiaries of your divisions located in the same region. Show the written offer against receipt to the employee along with the notification.
Step 6
If layoffs are planned massive, and layoffs of more than 50 people are considered massive, notify the employment center about this three months before the start of layoffs. With single reductions, you can do this in two months (Federal Law 1032-1).
Step 7
Remember that in case of single redundancies, you do not have the right to fire the only breadwinner of two or more children or dependents, people with disabilities with an occupational disease acquired at your enterprise, pregnant women, employees on regular or maternity leave, or those who are absent due to illness.
Step 8
You are obliged to pay all the laid-off workers the current salary, the average earnings for two months, and compensation for the vacation. If the downsized employee cannot find a job within the third month, then you are required to make an additional payment in the amount of the average earnings for 12 months of work before the layoff.
