Preferential rights of an employee to remain at work during layoffs

The crisis that arose in connection with the political situation in the country has led many employers to the need to reduce personnel costs. And, as a consequence, to the reduction of workers themselves. In this situation, questions invariably arise related to the preparation of documents, due payments and compliance with the requirements established by law.

How should the layoff procedure take place, and what are the rights of the laid-off employee?

What does the Labor Code of the Russian Federation say about layoffs?

The right to determine the number of employees belongs exclusively to the employer. Moreover, the rationale for the decision is not, according to the law, the responsibility of the employer.
But there is an obligation to comply with the formal procedure (notes 82, 179, 180 and 373 of the Labor Code of the Russian Federation).

In what cases is a reduction illegal?

1. Lack of real grounds for reduction (approx. “imaginary reduction”).
2. Dismissal carried out without following the required procedure or when the procedure is not followed correctly.

Who can't be laid off?

During the reduction procedure, certain categories of employees have a preferential right - to be dismissed last (Article 179 of the Labor Code).

Employees who are required by law to remain at work when staffing is reduced include:

1. Employees with 2 (or more) dependents (example: family members supported by the employee).
2. Employees whose families have no other sources of income.
3. Employees who, while working for a specific employer, received a work injury or occupational disease.
4. Disabled people of the Second World War.
5. Employees who carry out advanced training at the direction of the employer in conjunction with their work.
6. Employees who are on vacation - regardless of the type of vacation (the employment contract can only be terminated on the 1st day the employee returns to work).
7. Future mothers.
8. Mothers who have babies under 3 years old.
9. Employees who are temporarily disabled (the employment contract can be terminated only on the 1st day of the employee’s return to work).
10. Single mothers (disabled child under 18 years old or a child under 14 years old).
11. Employees raising children without a mother (a disabled child under 18 years of age or a child under 14 years of age) are guardians.
12. Employees under the age of 18 (in the absence of consent from the guardianship authorities).

In a situation where an employer fires an expectant mother or a single mother without knowing about these facts, the dismissal is declared illegal by the court.

Reasons and grounds for reducing the salary of an employee of an organization

Among the main reasons for possible staff reductions allocate liquidation company, a change in its type of activity, financial difficulties, etc.

To date the most pressing reason – financial difficulties (reason – political situation in the world, economic difficulties). Downsizing is becoming the only option for many companies to “stay afloat” and save themselves from bankruptcy.

The Labor Code of the Russian Federation clearly defines the grounds for layoffs:

1. Liquidation of the enterprise.
2. Termination of activities of an individual entrepreneur company (organization).
3. Reduction of number/staff of employees. This clause is valid only if the employee’s position is liquidated.
4. Availability of employees with higher qualifications, labor productivity, etc. (evidence of qualifications must be confirmed by relevant documents).

It is worth noting that the order to reduce staff must indicate the real grounds for the reduction, according to which it is carried out.

How to properly lay off an employee?

The entire staff reduction procedure is divided into several stages:

Issuance of an order to reduce staff and change the staffing table

It defines a list of positions that are subject to exclusion from the staffing table with the corresponding dates, as well as a list of persons who will be responsible for the reduction procedure (notifying employees, etc.).

Creation of a commission of competent specialists

She should deal with the issues of staff reduction and setting deadlines for each stage of the procedure.

Notification

Preparation of its form with full information about the reduction of positions, familiarization of employees subject to dismissal with notifications against their signature 2 months before the scheduled date of termination of the contract. Already at the time of preparation of this notice, the employer must be aware of the presence/absence of the employee’s preemptive right.

Vacancies

The employer offers employees subject to redundancy all positions that correspond to their qualifications and state of health, and are available in the area where the employee performs his work duties. An employer can offer a vacancy in another area (except outside the borders of a locality/location) only in a situation where this is provided for in the employment contract.

It is worth noting that the dismissal of an employee due to staff reduction is permissible only if the transfer of this employee to another job available to the employer (and only with the written consent of the employee) is impossible (Article 82 of the Labor Code of the Russian Federation). All available vacancies must be offered to the employee, both upon delivery of notice of reduction and up to the moment of termination of the contract). If vacancies are not provided, as well as if measures are not taken for the further employment of the employee, the dismissal will be considered illegal, and the employee must be reinstated in his previous place.

Employment center

The employer is obliged 2 months before the termination of the contract with the employee (not less) report the reduction of the corresponding position to the employment center. In case of mass layoffs – 3 months (at least).

This notification to the central employment center must contain all the necessary data about the employees being laid off, including the terms of payment for their labor (profession and specialty, position held, qualification requirements, etc.).

Note: failure to notify the Central Labor Office about the layoff of an employee is illegal, as is the absence of a mark on the notice received by the Central Labor Office (that is, the notification was sent to the Central Labor Office, but the employer does not have a mark about this).

Trade union

A message about future staff reductions is sent to the elected body of the trade union organization 2 months before the scheduled date of termination of contracts. In case of mass dismissal - 3 months in advance.

Dismissal

The issuance of the corresponding order must be carried out after the expiration of the warning period about future layoffs, with the subsequent execution of all necessary documents and familiarization with them to the employee against his signature and exclusively within the time limits established by law.

After which the employee is given a work book, all other necessary documents, and a full payment is made (in a timely manner).

Severance pay

Payment of compensation is carried out by the employer after termination of the contract, also strictly within the time limits established by law.

Samples and forms of notifications or warnings

According to Art. 180 Labor Code of the Russian Federation , notification of the employee about the upcoming layoff is carried out by transferring the relevant document with a copy of the order attached in person or by mail 2 months before the immediate dismissal and with the obligatory offer of other vacancies for the entire period until the dismissal.

Sample notification:

LLC "Petrov and K"
Forwarding driver Ivanov A.V.
Date of_____

NOTIFICATION.

Dear ________ (full name of the employee), We inform you that on "__"__________ _____ (date) a decision was made to reduce the number of employees of our company due to ______________ (reason for reduction) Order No. ____ dated "__"_______ (date ). In accordance with Article 180 of the Labor Code of the Russian Federation, Petrov and K LLC warns you of the upcoming dismissal on "__"_______ _____ year (date) on the basis of clause 2 of Art. 81 of the Labor Code of the Russian Federation (________reason for staff reduction). In connection with the upcoming dismissal, Petrov and K LLC offers you a transfer to another job in the following positions:

____________ (position) _______rub. (salary)
____________ (position) _______rub. (salary)

If you do not agree to the transfer, you will be fired on "__"_______ _____ year (date). Upon dismissal, you will be provided with compensation established by Article 178 of the Labor Code of the Russian Federation and other norms of the current legislation of the Russian Federation.

General Director M.A. Klyuev.

I have read the notification and offers of employment in the order of transfer to other positions and received the second copy.
________ (employee signature) "___"________ ____ year (date)
_____________________ (employee’s opinion on transfer to another position)

What compensation, benefits and benefits can former employees of the company expect?

The benefit payment schedule and its amounts are regulated Chapter 27 of the Labor Code of the Russian Federation , which indicates the guarantees and compensation due to employees in case of reduction, as well as categories of citizens who have a pre-emptive right to remain at work when the number of employees is reduced.

Day of official dismissal – This is the employee’s last working day. The employer, regardless of the reason for the layoff, is obliged to pay the employee monetary compensation for unused vacation (or vacations), severance pay and other monetary debts, if any.

As for the average earnings, it is calculated taking into account the salary that has already been accrued to the employee, as well as the time that the employee actually worked, including the day of layoff.

How much should they pay upon layoff, what compensation should an employee expect upon layoff?

According to the current Labor Code of the Russian Federation, upon redundancy, an employee has the right to:

1. Severance pay. Size – average monthly earnings. 2-week salary – for an employee engaged in seasonal work.
2. Maintaining average monthly earnings until the employee gets a new job (limited for a certain period).
3. Other payments and compensations in accordance with the employment contract.

How many months or salaries are redundancy benefits paid?

Retention of the employee's average monthly salary until employment
limited to a period of 2 months (under special conditions - up to 3-6 months).

Payment procedure:

1. Benefit for 1st month: payment is made together with the settlement directly upon dismissal. That is, severance pay “in advance” for the 1st month.
2. Benefit for 2nd month: payment is made after the full end of the 2nd month after the employee provides a work book without marks of employment for the past period. When an employee is hired, for example, in the middle of the 2nd month, the payment is made according to the period during which the employee was not employed.
3. Benefit for the 3rd month: payment is made exclusively in a situation where the employee has not found a job within 3 months after dismissal, provided that he applied to the central employment center (approx. at the place of registration) within 2 weeks after dismissal and was registered in this central employment center. In this case, the Employment Center issues the employee a corresponding certificate, which is presented to the employer to receive benefits for the 3rd month.
4. Benefit for 3-6th month: payment is made only if the employee worked in the Far North. The payment of benefits for this category of employees is carried out (starting from the 4th month) by the Central Employment Service.

If you were made redundant, you didn’t pay your full salary, sick leave or vacation pay - what to do?

All payments (with the exception of benefits that are paid after dismissal) must be made on the day of dismissal and the employee leaves the company. Withholding payments is illegal. All payments are made in accordance with the employment contract and the legislation of the Russian Federation.

If payments have not been made (or have not been made in full), then the employee has the right to apply to the court to recover unpaid wages (provided that they were due), and compensation for...

1. Unused vacation.
2. Unpaid sick leave.
3. Moral injury.

And the employee has the right to demand through the court...

1. Compensation for legal expenses.
2. Interest for late payment.
3. Compensation for lost earnings due to a delay in the work book, due to an incorrect entry in it of the reason for dismissal, due to illegal dismissal/transfer.

You can also contact the prosecutor's office with a statement (simultaneously with the application to the court). If the frightened employer still pays the salary (and other required compensation), then you can simply abandon the claim. And the duty on labor disputes falls on the employer.

The limitation period for such statements (Article 392 of the Labor Code of the Russian Federation) is 3 months from the date of dismissal.

On a note:

All payments and compensations are calculated according to the official salary. That is, it makes no sense to count on an average monthly severance pay of 30 thousand rubles if your “white” salary is 7,000 rubles, and the rest is paid “in an envelope”.

What to ask your employer when making you redundant - useful tips

The procedure for issuing documents to a dismissed employee must be followed, as well as the layoff procedure - strictly and clearly, regardless of the position and reason for dismissal. The documentation procedure established by law also concerns the correct execution of the employee’s personal card, as well as the maintenance of accounting logs.

What documents is an employee entitled to issue? (the list includes those documents that the employee may need in the future)?

1. A work record book (with its proper execution) – even if it is issued at the expense of the employer.
2. Employment contract (Article 67 of the Labor Code of the Russian Federation) + all copies of additional agreements to it.
3. Student agreement (Article 200 of the Labor Code of the Russian Federation).
4. Pension certificate.
5. Medical book.
6. Document on education (with a corresponding agreement based on this document).
7. Certificate of taxes paid.
8. Certificate of accrued/paid insurance premiums.
9. Certificate about periods of temporary incapacity for work.
10. Certificate of income for submission to the employment service.
11. Copies of orders (Article 62, 84.1 of the Labor Code of the Russian Federation) on hiring, dismissal from work, transfer to another job and other orders (on additional work, work on weekends, certification, etc.). Available upon employee request. A copy of the dismissal order is issued on the day of dismissal without fail (Article 84.1 of the Labor Code of the Russian Federation).
12. Certificate of period of employment with the employer.
13. Pay slips (Article 136 of the Labor Code of the Russian Federation).
14. A document on additional insurance contributions for the funded part of the pension + on employer contributions in favor of the insured persons (if they are paid). Issued along with the pay slip (Article 9 of Federal Law-56 dated 30/04/08).
15. Certificate 2-NDFL (Article 230 of the Tax Code of the Russian Federation). Available upon employee request.
16. Certificate of average earnings for the last 3 months (clause 2 of article 3 of law No. 1032-1 of 04/19/91). You will need it at the employment service.
17. A certificate of the amount of earnings for the 2 years that preceded the year of termination of work or the year of applying for this certificate (Articles 4.1 and 4.3 of Federal Law-255 dated 12/29/06). It will be needed to calculate temporary disability benefits, maternity leave, child care leave, etc.
18. Personalized accounting documents, personal information, as well as information about length of service (labor, insurance). Issued upon application by an employee to establish a pension.
19. Characteristic.

Downsizing is one of the most common reasons why people lose their jobs. And, unfortunately, practically no employee is insured against such an event, even if he loves his job and performs his duties perfectly. However, job cuts are not always carried out in accordance with existing rules and laws. After all, when laying off employees, the employer must pay them compensation. This is fraught with significant expenses. But this does not mean that people left without work should suffer from the desire of their superiors to save money.

Let's figure out what the procedure for layoffs at work is and whether dismissal can be avoided. And what to do if this does happen.

Rules for dismissal from work

The rules for dismissal from work imply the following actions on the part of the employer:

• issuance of an order containing changes in the staffing table and the start date of reduction measures;
• written notification to employees who have been laid off (at least 2 months before the date of dismissal);
• offering employees alternative vacancies (if any).

It should be noted that the layoff rules require personal written notification to each dismissed employee listing the reasons why the company is forced to refuse the services of this employee (for example, liquidation of the organization). Each employee must sign the notice. This procedure cannot be carried out orally - a signature is required.

If the company is not liquidated, management is obliged to offer employees who have been laid off alternative vacancies. Of course, if they exist. If there are no available vacancies that match the employee’s work experience and skills, then he may be offered a position with a lower salary or a position requiring lower qualifications. However, an employee can be transferred to another position only with his written consent (that is, he is not obliged to agree to less favorable conditions). Management is obliged to offer the employee new vacancies (if any appear) until his dismissal.

Conditions for layoffs include payments to those dismissed:

• the employee receives severance pay (one average monthly salary);
• while a former employee is looking for a job while reducing staff and has not found one in two months, he can qualify for another average monthly salary;

Working in his position for two months before the date of dismissal, the person continues to receive his due salary. If the employee agrees to quit before the appointed date (this desire must be reflected in a written document, not verbally), then he is entitled to another compensation. He is paid an average monthly salary according to the amount of time remaining unworked.

It should be borne in mind that some employers, who do not want to incur additional costs, persuade employees to resign of their own free will, convincing them that there is no difference. However, it is also significant. In this case, you do not receive compensation. Therefore, you must be fired under the relevant article of the labor code (81 Labor Code of the Russian Federation, paragraph two).

How to avoid layoffs at work? Firstly, when choosing between two employees, the more qualified one is retained. Secondly, if people are in equal conditions (they have the same qualifications and labor productivity), they pay attention to other indicators. Thus, the following factors give priority rights:

• improvement of qualifications by an employee on behalf of the employer without interruption from work;
• presence of dependents (at least two);
• the person is the sole breadwinner in the family (other family members are unemployed);
• disability received as a result of participation in hostilities aimed at defending the Motherland, or the Great Patriotic War;
• presence of occupational diseases/injuries acquired during work in this company.

Capable of avoiding layoffs (that is, they do not have the right to fire such people):

• pregnant women;
• single mothers, single fathers with a child under 14 (and under 18 if disabled) years, as well as guardians of children of the specified age;
• mothers of children under three years of age;
• people who have temporary disability and are on sick leave.

How to survive layoffs at work

Downsizing at work is often the reason a person is fired. And although he understands perfectly well that it is not his fault for what happened, and that everything is not happening because of his mistakes and mistakes, it is still difficult to come to terms with this event. Work after notice of layoffs may no longer bring joy, although you used to love what you do. Are you waiting with horror for the moment of dismissal and have no idea - what’s next? How to survive layoffs at work and regain confidence in yourself?

Oddly enough, being fired comes with a ton of new opportunities. It’s just that a person immersed in experiences does not notice this. Especially if after dismissal he cannot work in his specialty. But instead of succumbing to sad thoughts, you can go get additional education or work, discover new sides and talents in yourself, turn your hobby into a source of income...

Of course, there is little fun in being fired. However, the main thing is to understand that this is just a stage. Today there is no work and money, but tomorrow everything can change. Maybe if you stop feeling sorry for yourself and start taking action. Don't know where to start? Start with something that interests you but that you haven't had time for before. Even if it is sports, which, it would seem, cannot help in finding a job. But they promote a good mood, self-confidence and strength. This is exactly what is needed in order to want to live fully again. The main thing is not to be idle!

You work for yourself, you work, and then suddenly - the boss announces a reduction in staff. Unfortunately, many have encountered this situation.

Many questions immediately arise that require clarification. For example, what payments should an employee receive if he is laid off? What is the legal way to fire an employee? Is it possible to lay off pensioners and pregnant women?

Your position is no longer needed

One of the first questions that arises when an employee is laid off is: “What payments am I entitled to?” A similar situation occurs in both large and small companies. By law, layoffs must be announced no less than two months in advance.

The employee must sign that he was notified on time. If an employee refuses to sign, a special act is drawn up. If this rule is not followed, the person may be reinstated in his position. Once signatures are received, the company is required to offer new vacancies that match the employee's specialty.

When the two-month period comes to an end, the employment contract is terminated and payments are made to the employee in case of staff reduction. He is given a benefit in the form of an average salary. It is retained for the duration of employment (but not more than two months).

Retrenchment of an employee. Payments. Labor Code

This topic is regulated by Article 178 of the Labor Code of the Russian Federation. What she's talking about:

1. An employee who is laid off is paid benefits. Its amount is equal to average monthly earnings.
2. On the day of dismissal, the company is obliged to pay the employee all outstanding wages. As well as compensation for unrealized vacation.
3. Within sixty days after the layoff, the person is paid an average monthly income.
4. If he contacted the employment service no later than two weeks from the date of dismissal, but did not find the required vacancy, then, by decision of this body, the payment of compensation in the event of a layoff is extended for another month.
5. The payment of money must be made on time, otherwise the dismissed person may challenge his rights in court.

More about amounts

So, what payments are accrued to an employee when staffing is reduced? Firstly, this is financing in the form of average monthly income. It is paid within a period of up to 60 days. Secondly, a benefit that is issued immediately at the time of dismissal.

Thirdly, the manager is obliged to compensate all arrears of wages, as well as unused vacation. Fourthly, in special cases, the employee may be accrued two weeks' average income. This applies to moments when he does not agree to transfer to another service in cases considered in the legislation. Also, payments to an employee upon layoff are made in connection with:

• with his conscription into the army;
• with the reinstatement of the person who previously held this position (returning from maternity leave or appealing through the court);
• with refusal to move to another area;
• with his recognition as incapable of work;
• with refusal to work due to changes in the terms of the contract.

Here you need to remember that personal income tax is not withheld from the obligatory amounts. The company is obliged to pay monetary compensation both in the event of liquidation of the company and in case of violations in the drafting of the employment contract (if they were not caused by the fault of the employee).

Collective and individual agreements preserve payments when an employee is laid off. The timing of the issuance of all due money is limited to the last day on which the employee is still registered in the organization. If there is a delay in payments, then for each day they accrue interest of at least 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

Law violation

The fact of illegal dismissal is often encountered in everyday life. The employer wants to save his money and can take advantage of ignorance of labor laws. Anyone who has been laid off, having collected evidence of a violation of his rights, can always file a claim in court. The filing deadline is thirty calendar days from the date of receipt of a copy of the dismissal order or issuance of the work book. Valid reasons for being late in filing a claim may increase the time it takes to accept a claim. Also, a reason for filing a lawsuit is the refusal to pay interest on overdue compensation due to the worker.

Conditions for the “correct” reduction

If the manager decides to reduce the number of employees, then a number of rules must be followed:

1. Real reduction of workers. The fact of dismissal is entered into the organization's staffing table. An order is also issued to approve the new schedule.
2. According to Article 179 of the Labor Code, it is necessary to provide in writing a number of other vacancies that correspond to the employee’s qualifications.
3. According to Article 180 of the Labor Code, the boss must notify the employee no later than two months before dismissal. The employee must sign that he was warned on time. The manager also approves the plan for communicating information about the reduction. In this case, a newspaper, bulletin board, meeting can be used.
4. A selective trade union body must consider the issue of dismissal. It consists of a lawyer, a personnel director, and a representative of the trade union committee. An order is also issued regarding the creation of the commission.
5. According to Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004, the responsibility to confirm the legality of dismissal and compliance with its procedure lies with the head of the organization.

Who should not be fired

Based on Article 261 of the Labor Code, a pregnant woman cannot be laid off. If she works under a fixed-term contract, the company is obliged to renew the agreement after this period. The woman will only need a medical certificate confirming her situation.

But it can be reduced in the case when it was registered with the organization during the absence of the previous employee, and there is no possibility of transfer to another vacancy. Women who have children under three years of age and single mothers with a child under 14 or a disabled child under 18 are also not subject to dismissal.

There is one nuance in the field of education. As for the reduction of teaching staff in educational institutions, this action is possible only after the end of the school year.

Useful subtleties

1. Calculation of payments when laying off an employee who is a part-time employee is not made. The reason for this is the presence of a principal place of business.
2. A worker who has been laid off has the right to receive an early pension. At the same time, he needs to issue it no earlier than two years before the legal date.
3. If an employee has worked in an organization for less than six months, then compensation payments for unused vacation when the employee is laid off are still made.
4. Severance pay is not subject to the unified social tax, pension contributions, or personal income tax. As well as insurance contributions to the Social Insurance Fund. Compensation for unrealized vacation days is subject to personal income tax, but not unified social tax.
5. If payments to an employee upon layoff are not made from budgetary funds, then they are taken into account as part of the expenses going towards wages. Thus, the income tax is reduced (clause 9, article 255 of the Tax Code of the Russian Federation).
6. An employer can fire an employee without warning, but all payments must be retained. An agreement of this kind, however, like all others, must be drawn up in writing. If the worker and the head of the organization do not come to an agreement, then the reduction should occur on a general basis.

Retrenchment of an employee. What payments are accrued? Calculation example

Let's take the following example. The employee began his career on 09/01/07 and was laid off on 04/23/09 (received a notice from his superiors). He resigned on 6/24/09. For 12 months, the salary amounted to 126 thousand rubles. Start of work in the new organization - 09/05/09. We will calculate the average earnings, the amount of benefits and compensation for unrealized vacation.

So, what is the procedure for payments when an employee is laid off?

First, we will calculate the benefits due. To do this, divide the entire salary amount by 12 months and by the number of working days. We get average earnings per day - 357.14 rubles. We multiply this figure by thirty calendar days and get 10,714.2 rubles.

Secondly, we will calculate the amount that will be paid over several months. Since the employee did not get a new job in the first of them, the amount of severance pay goes towards the retained average income. In this case, a mandatory payment of average earnings is made during the second month. The benefit amount will be 11,071.34 rubles (average daily earnings multiplied by 31 calendar days). There will be no payments for the third month, since the employee has joined a new organization.

Thirdly, we will calculate benefits for unused vacation. Based on the fact that the employee worked for ten months, compensation will be paid in 23.33 days. We multiply 28 vacation days by the number of months worked (10) and divide by their number in a year (12). Multiplying the resulting figure by the average daily earnings, we get the entire amount of payments - 8,332.08 rubles.

Early dismissal of an employee

Article 180 of the Labor Code states that employees of organizations are notified of layoffs two months in advance. The same article contains a clause that states that a boss, by agreement with a subordinate, can terminate an employment contract without waiting for the stated date. All payments in case of early dismissal of an employee are preserved. But he will lose compensation if the basis for termination of the contract is a notice of voluntary dismissal. Thus, in order for early layoffs to occur with all legal payments, the following must be done:

1. The manager issues a proposal to the employee to cancel the employment contract before the official dismissal date.
2. The employee writes written consent to this proposal.

Compensation payments when an employee is laid off are not made if the application states “I ask you to dismiss me of my own free will.” Or there is a letter from the new manager requesting a transfer to another organization. If the application states “I request to be dismissed due to the reduction of my position before the expiration of the term,” then the mandatory consent of the employer will be required.

Going to court

Since it is beneficial for the employer to dismiss an employee at his own request, psychological pressure may be exerted on the latter. And this is a reason to go to court. Coercion to write a statement will need to be proven. When considering a labor dispute, the court pays attention to the following points:

1. What are the reasons for writing a statement - the employee’s own desire or coercion.
2. What are the circumstances of its registration?
3. How clearly the appeal is written and whether it contains the necessary details.
4. What are the worker's intentions?
5. What is the dismissal procedure?

If the court finds the termination of the employment relationship illegal, then the manager is obliged to reformulate the grounds for dismissal, as well as make all payments to the employee upon layoff. The option of reinstatement to the previous position with monetary compensation for forced absence is also possible.

Dismissal of a retired employee

When laying off a retired employee, the following payments must be made:

1. Compensation for unused vacations.
2. Benefit.
3. Maintaining average earnings for the duration of employment for no more than two months. If the organization is located in the Far North region, then up to three.

If an employee gets sick while looking for a new job

An employee has the right to submit sick leave to the manager or to the territorial body of the Social Insurance Fund within thirty days from the date of termination of the employment relationship. Sick leave is paid in the amount of 60% of the employee’s average income.

Reduction under a fixed-term contract

According to Article 79 of the Labor Code, this type of contract is liquidated upon expiration of its validity period. The boss must inform the employee within three days and always in writing. Seasonal workers must be given seven days' notice. They are also entitled to benefits in the amount of two weeks' average wage. If, after the expiration date, the contract was reissued as indefinite, then the employee is subject to dismissal on a general basis.

Given the difficult economic situation in the country, staff reductions are not a rare occurrence. Even highly qualified employees are not immune from it, but some have preferential rights. From this article you will find out who gets laid off first, who is given preference at equal skill levels, and who cannot be fired at all on this basis.

What is an abbreviation

There are 2 concepts - downsizing and downsizing. In Art. 81 of the Labor Code of the Russian Federation does not spell out the differences between them. In practice, the difference is also insignificant. When staffing is reduced, the position remains on the staff list, but the number of people occupying it decreases. When staffing is reduced, the position is eliminated.

The reasons for downsizing at an enterprise are:

1. Difficult economic situation in the country.
2. Merger, reorganization or accession of companies.
3. Internal optimization.

Who gets laid off first and why?

Interesting information

Not only specific positions, but also entire divisions, divisions, and departments may be subject to staff reductions. The employer has every right to do this. However, in both cases, during layoffs, respect for the rights of workers is mandatory, and those who are not allowed to be fired must remain at the enterprise. If entire departments are going to be cut, then employees who have “special” rights should be transferred to other departments.

Let's look at who gets laid off first at work and on what basis. The employer determines preferential rights, and a certain algorithm is provided for this:

1. From all candidates for dismissal, employees who are prohibited by law from being laid off are excluded. According to Art. 261 of the Labor Code of the Russian Federation, these include pregnant workers, mothers of children under 3 years of age, single parents with children under 14 years of age or disabled children under 18 years of age, as well as some others. It is prohibited to dismiss employees on maternity leave due to layoffs (Part 4 of Article 256 of the Labor Code of the Russian Federation and Part 6 of Article 81 of the Labor Code of the Russian Federation).
2. The remaining workers are assessed on their skill levels and productivity. The comparison is made between employees who occupy the same positions created within the same structural unit. Correctly evaluate the qualifications of two leading accountants working in the same department. It is incorrect to compare a leading specialist and a category 2 accountant - this is indicated in the appeal ruling of the Moscow City Court No. 33-27711/2015 dated 08/06/2015. Similar rules apply to the assessment of labor productivity.
3. If the comparison reveals equal levels of qualifications and labor productivity, then family circumstances and other advantages are taken into account when the employee is laid off. There is one exception. If a position is abolished or all staff positions in one position are reduced, then preferential rights are not taken into account. This is indicated in the appeal ruling of the Moscow City Court No. 33-1708 dated January 22, 2015.

What are preemptive rights and who has them?

Given equal levels of qualifications and labor productivity of employees, preference is given to those who have advantages in the reduction of staff. According to Art. 179 of the Labor Code of the Russian Federation, the following categories of workers can apply for job retention:

• family people who have two or more dependents (minor children, other disabled family members who are fully supported by the employee or regularly receive assistance from him, representing their permanent and main source of livelihood);
• the only “breadwinners” in the family are employees whose families do not have other people with a regular income;
• employees with injuries and occupational diseases received while working in this organization;
• employees who are currently improving their qualifications in the direction of the employer.

If you were illegally fired due to layoffs, you need to contact several authorities. First, send a written application to the organization's trade union. The union must consider the complaint within a week. This case may also be considered by the Federal Labor Inspectorate and the prosecutor's office. If the trade union and the labor inspectorate do not reveal any violations, then a lawsuit must be filed.

• military spouses;
• military personnel transferred to the reserve;
• authors of inventions;
• disabled people of the Second World War and combat operations;
• persons affected by radiation;
• and some others.

Preferential rights to remain at work may also be provided for by internal collective agreements in the company.

How employees are compared

Some facts

Upon termination of an employment contract due to the liquidation of an enterprise, or a reduction in the number or staff of a company's employees, the dismissed employee must be paid severance pay in accordance with the average monthly salary. For a dismissed employee, the average monthly salary is recorded for the duration of the job search for 2 months from the date of dismissal.

The law does not describe specific requirements for the procedure for identifying the preferential rights of employees. Practice shows that courts place more trust in the decisions of commissions when recording the results in writing.
Here are the main nuances that should be taken into account when comparing candidates for reduction:

1. It is recommended that the commission include heads of departments where staff reductions are planned, as well as members of the trade union organization and specialists from other structural divisions (lawyers, personnel officers, those responsible for quality control, etc.).
2. An order should be issued to organize the commission, defining the competence of each of its members. Personnel officers may be responsible for providing information about penalties and incentives imposed. Department heads should be entrusted with the generation of work reports, compilation of characteristics, etc.
3. It is advisable to draw up summary tables that reflect the results of comparing the qualifications and labor productivity of workers according to a number of criteria.
4. The commission's findings should be recorded in the official minutes of the meetings.
5. The commission must make its conclusions based on the results of comparing the labor productivity of each employee, taking into account the entire set of criteria. The decision that one employee has higher qualifications because the second has less experience is considered illegal by the court.
6. If candidates for layoff are registered in a trade union and regularly pay membership dues, the employer is obliged to take into account the opinion of this organization on the advisability of dismissing a particular employee. This is the requirement of Part 2 of Art. 82 Labor Code of the Russian Federation.

Watch a video that will tell you about the categories of workers who are prohibited from being laid off

List of persons who cannot be dismissed due to reduction

The list of those who cannot be laid off by law includes the following categories of workers:

• temporarily disabled persons;
• employees on leave (including student leave and unpaid leave);
• mothers of small children under 3 years of age;
• women and men raising alone a child under 14 years of age or a minor child with a disability;
• members of the trade union organization.

Those who cannot be laid off from work also include pregnant employees and women on maternity leave. If an employee from the “untouchable” category is nevertheless fired due to staff reduction, he will be reinstated at work automatically by court decision.

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