Dismissal under the article on the reduction of employees requires the employer to comply with very many rules, which he often tries to avoid. In order not to face fraud and not lose money required by law, any employee must clearly know their rights.
Quite often, Russian employers try to cut costs in their company or simply get rid of unwanted employees, without too much correlating their actions with the laws of the country. Dismissal is a situation that is not very profitable for the management of the company in financial terms, so they often try to eliminate the employee under any other article.
Legal and illegal reduction
The legal grounds for reducing employees are detailed in the Labor Code of the Russian Federation (clause 2 of article 81 of the Labor Code of the Russian Federation). For the employer, this is: a reduction in the number of employees or staff of employees (that is, a decrease in the number of personnel or the exclusion of certain positions), as well as - the liquidation of the organization, the termination of activities.
A certain difficulty lies in finding the line between lawful and illegal dismissals, since, according to the law, it is the employer who determines the required staff. In addition, he is not obliged to provide a justification for the decision to reduce: the most important thing is to comply with some formalities. It is the correct observance of the procedure that is often the main indicator of the legality of dismissal.
Dismissal procedure in accordance with labor law
The staff (or the number of employees) must be reduced in writing, against signature, to notify the employee at least two full months before the dismissal. According to part 3 of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to offer the dismissed all vacant positions in the organization that the employee can perform according to his experience and qualifications.
A financial settlement with an employee who has been laid off involves the payment of three salaries. The employee receives the first and second salaries for the two months that he finalizes after the announcement of the upcoming reduction. The third is given to him on the day of dismissal, as a severance pay (moreover, if the amount of severance pay is increased in the labor / collective agreement, the employer is obliged to pay the specified amount).
If the employee agrees to terminate the employment contract early, he will still be paid compensation proportional to the time that remains until the expiration of two months from the date of the warning.
In addition, if a dismissed employee cannot find a job, the employer is obliged to pay him two more salaries for the second and third months of unemployment (but only if the employee is registered with the employment service immediately after the dismissal).
In order not to lose such privileges, you should not follow the lead of the employer if, under various pretexts, he demands to sign the dismissal of his own free will: in the event of a conflict, the court will be on your side.
