Pre-emptive Right In Case Of Reduction

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Pre-emptive Right In Case Of Reduction
Pre-emptive Right In Case Of Reduction

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Video: Preemptive Rights (Definition,Types) | Example | Importance 2023, January
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Sometimes in production in the course of work there is an urgent need for staff reductions. Such a measure may well be justified in the circumstances.

Pre-emptive right in case of reduction
Pre-emptive right in case of reduction

Even in the most crisis situation, there are certain categories of citizens whose jobs the employer is obliged to keep or offer an equivalent alternative. Reduction, dismissal of employees is regulated by the Labor Code of the Russian Federation.

"Non-reducible" citizens

According to article 261 of the Labor Code of the Russian Federation, they are not subject to dismissal due to staff reductions:

- women “in position” (however, there is one exception - when the entire enterprise is abolished, dismissal cannot be avoided);

- women raising a child up to 3 years old;

- single mothers raising a child up to 14 years old (a disabled child - up to 18 years old, with the exception of the liquidation of the enterprise or if these employees have committed illegal acts);

- other persons raising such children without a mother;

- members of trade unions.

It often happens that people belonging to the listed categories do not even suspect that they cannot be fired, therefore they do not defend their rights, finding themselves suddenly out of work.

When downsized, entire subdivisions can be abolished. In this case, the employer must provide the beneficiary employee with another job in return.

"Privileged" categories

There are also categories of citizens who can be reduced, but with equal labor productivity, they have advantages over other employees:

- workers in whose care two or more dependents;

- employees whose income is the only one in the family;

- workers who are on advanced training on the job, if they do it at the request of the management;

- disabled people who defended the Fatherland in "hot spots";

- wives of military personnel, working in state organizations or military units;

- persons who have received a disability as a result of the disaster at the Chernobyl nuclear power plant;

- employees who have received an occupational disease or some kind of injury in this organization;

- the authors of any inventions.

According to article 179 of the Labor Code of the Russian Federation, with the reduction, an employee with a higher labor productivity and qualifications must remain.

Be aware that at least two months before the upcoming layoff, the employee must be notified in writing against signature. Upon dismissal, the employee must receive severance pay.

Remember, if your rights are violated or infringed upon, you can contact the labor protection inspectorate or the prosecutor's office. According to statistics, the dismissed employee almost always wins the courts on unauthorized layoffs. Do not be afraid to defend your rights.

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