Reduction of the staff of the organization is a forced measure of the employer to optimize the work process, reduce costs or prepare for internal changes. The reduction procedure is very painstaking and requires adherence to the algorithm enshrined in the labor code. To avoid possible mistakes and unpleasant consequences, all actions are described below in 5 simple points. By observing them, the risk of doing something wrong will be minimal.
It is necessary
- 1. Order on staff reduction.
- 2. Notification to the employment center and the trade union organization.
- 3. Checking the personal files of employees who are being laid off.
- 4. Delivery of notifications to employees.
- 5. Dismissal and settlement.
Instructions
Step 1
Drawing up an order to lay off workers. A document is issued at least 2 months before the dismissal of employees. An order is drawn up and signed by the management of the organization and transferred to the responsible specialists for execution. It is necessary to decide which positions and in what quantity it is necessary to part. It is important to indicate positions in accordance with the staffing table and full name in the department, and not the names of employees and the list of professions.
Step 2
The law obliges the employer to report the planned reduction of workers to the local employment center. The deadlines are the same as for notifying employees: 2 months in advance. If the layoff is massive, it is better to worry about everything 3 months before the upcoming layoffs. The notification form does not have an approved form, so it is best to request it from the employment center itself. Additionally, the trade union organization is notified, if there is one within the company.
Step 3
It is worth checking the personal files of employees before serving notifications of layoffs. This will help to avoid problems if the employee belongs to those categories of persons who, by law, must be left in the workplace. According to the Labor Code of the Russian Federation, the following cannot be reduced:
- pregnant women;
- women who are on parental leave to care for a child under 3 years old;
- mothers raising three or more children, if the youngest is not 3 years old;
- parents of children with disabilities who are less than 18 years old;
- parents raising children alone (official status, confirmed by a certificate from the registry office);
- people who are the only breadwinners in the family;
- disabled combatants;
- persons who have received an occupational injury and occupational disease at this employer;
- employees under 18 years of age.
Step 4
After completing the preparatory procedures described above, it is possible to serve the reduction notices. Strictly at least 2 months before dismissal! The form is drawn up randomly for each employee. It is important to note that it is the current position that is reduced and removed from the staffing table. The notice is for informational purposes, ideally the employee should sign it. It often happens that the employee refuses to do this, sometimes writes his comments and demands on the form. In this case, it is considered that the person was familiar with the notification. If the person does not sign the document, an act of refusal is drawn up in the presence of witnesses. The contraction procedure does not stop or postpone. In any case, it is considered that the employee was duly notified in front of witnesses.
Step 5
On the appointed day, workers are laid off due to layoffs. By this day, the accounting department must make a full calculation, and the personnel department must prepare the necessary documents. The calculation includes wages for days worked, vacation compensation, severance pay in the amount of average monthly income. In the office, employees receive work books and sign a dismissal order. Record in the documents is put that the workers were dismissed due to staff reductions. By and large, the time-consuming and painstaking work of reducing staff is considered completed.
