At the present time, the financial condition of some companies is very precarious, which is why the heads of organizations are forced to cut staff. In accordance with paragraph 2 of Article 81 of the Labor Code, the contract can be terminated at the initiative of the employer in connection with the reduction in the number of employees. But the employer must correctly arrange these actions, otherwise he may get into trouble.
Instructions
Step 1
First of all, you must make a decision to reduce the number of staff. To do this, hold a meeting of shareholders. Conclude the solution in the form of a protocol. Draw up an administrative document. In it, you must list the positions to be cut and the employees who occupy them. Fill in the information on the effective date of the order. Sign and submit the document for follow-up to the HR department.
Step 2
After that, notify about the reduction of employees. Send notifications to them, the text may be something like the following: “In connection with the decision of the meeting of the members of the Society about the need to reduce the staff and on the basis of the order (number and date) we notify you that your position is subject to reduction. After the expiration of 2 months of work from the date of notification, the employment contract (number and date) will be terminated in connection with paragraph 2 of Article 84 of the Labor Code of the Russian Federation. In the application, you can suggest other vacancies. The employee, having read the document, must sign and date.
Step 3
Notify the employment service of the upcoming reduction. You must also do this two months before the entry into force of the order. Draw up a notice, in it indicate the reason for the release of the employee (reorganization, reduction in funding, bankruptcy, or other). In the document, list the positions to be cut, full name. employees, their seniority and average wages.
Step 4
After two months, issue an order to dismiss or transfer the employee to another position. In the first case, you must pay compensation (article 180 of the Labor Code of the Russian Federation), severance pay and unpaid wages. In the second case, draw up an additional agreement to the employment contract. Enter the information in the employee's work book.
