Mass layoffs of workers - criteria and other features. How many people are laid off during mass layoffs, what laws regulate the procedure

When a large number of employees are laid off, this is already a massive layoff. This is how many people must be reduced to be recognized as such? In this article we will try to answer this and other questions.

About reduction

Reduction of the number of employees or staff is a legal instrument of the employer. This is one of the grounds for dismissal at the initiative of the employer.

The employer has the right to independently change the subordination systems and the structure of the organization, make decisions on optimizing the entire work process, change staffing table or the number of employees. And the legislation does not oblige the employer to justify his decision to the employees.

But this presupposes the good faith of the employer and the absence of abuse of the right on his part. This means that by reducing the number of employees from 10 to 2, he will not increase the department "tomorrow" by the same 8 people. The risk of challenging the employer's order is very high. And if the employer is not obliged to report to the employee, then in court, in the event of a dispute, he will still have to prove that the mass layoff was forced and necessary measure.

Mass reduction

The legislation does not give a definition for ordinary and mass reductions.

Reducing the number of employees implies a decrease in the number of employees filling the same positions.

If individual positions or entire divisions are excluded from the staffing table, we are talking about staff reductions.

A massive reduction implies a reduction a large number employees. But how much exactly?

Criteria

The criteria for mass participation in dismissal are determined in sectoral and (or) territorial agreements.

Industry agreement	Criteria for mass layoffs of workers
by company railway transport	Reduction of 5 percent or more within 90 calendar days
between the Russian Trade Union of Cultural Workers and the Ministry of Culture of the Russian Federation	Simultaneous reduction within 30 calendar days: 20 - 24 people, if the number of employees is from 500 to 1000 hours; 15 - 19 hours with the number of people from 300 to 500 hours; 25 hours or more, if 1000 hours or more are employed; 5% of the total number of employees.
Between: Moscow employers' associations, By the Moscow government, Moscow associations of trade unions.	Reduction in quantity: 50 or more hours in 30 calendar days; 200 and more in 60 days; 500 or more in 90 days

If there is no agreement in a particular industry or what exists does not apply to the organization, then the criteria for mass character are determined in accordance with clause 1 of the Regulations, approved. Resolution of the Council of Ministers of the Russian Federation of 05.02.1993 N 99. According to it, dismissal is considered massive if the following is reduced:

• 50 people or more within 30 calendar days;
• 200 and more - within 60 days;
• from 500 and more - within 90 days;
• 1% off the total employees for 30 calendar days in regions where the total number is less than 5,000 people.

In case of a massive reduction, how much is the notification served?

Notification of employees and government agencies in case of mass layoffs is as mandatory as in the case of a normal one.

Andrey Vasiliev

In a situation where many enterprises are on the verge of bankruptcy, and the economic situation is unstable, mass layoffs of workers are not uncommon. Many employees and employers find it useful to learn how to properly draw up documents and how to correctly carry out this procedure.

In what cases is the reduction called massive?

Article 82 of the Labor Code of the Russian Federation.

The criteria for mass layoffs, including how many employees will be laid off and dismissed, are determined by the Labor Code and territorial or sectoral agreements.

There are many companies for which such agreements have not been adopted, their full-time employees should be guided by Part 1 of Art. 82 of the Labor Code of the Russian Federation.

The Labor Code defines the relationship between the period during which the mass dismissal of workers took place and the number of people dismissed from office.

The document also says that in case of mass layoffs, how many people should be dismissed and for what period.

In addition, the following criteria for mass dismissal have been established:

1. If an entire company with more than 15 employees is terminated. We are talking about a one-time dismissal of the entire staff.
2. If the employed population in the region is less than 5,000 people and within 30 calendar days there is a reduction of 1% of this number of workers, then the staff reduction is also considered massive.

For the following industries, special agreements apply:

• oil and gas;
• engineering;
• civil Aviation;
• coal industry;
• television and radio broadcasting and printing;
• and more than 7 industries.

In order to clarify whether an appropriate agreement has been adopted for the enterprise or the situation is regulated by the Labor Code of the Russian Federation, you need to contact the personnel department.

Important! Mass layoff workers imposes obligations on the enterprise to pay money for the period while people are looking for another job.

Who is protected from shrinking?

When deciding to fire a large number of people, the employer must organize a commission that will determine which employees will lose their positions.

The choice is made on the basis of many criteria: qualifications, experience, age, including the preemptive right.

If a person has such a right, he has less likely to be fired than other people. Who belongs to the category of relatively protected citizens:

1. Pregnant women, those who are on parental leave or have children under 3 years of age; single mothers or fathers with children under the age of 14 or with disabled children.
2. Guardians of disabled children without spouses.
3. Employees who are on sick leave or vacation at the time the employer notifies people of the layoff. After the person returns to work, they can still receive a notification.
4. Employees with 2 dependents, such as retirees or minors, disabled people.
5. War veterans.

The preemptive right has its own characteristics depending on the region and industry in which the organization operates. With the complete liquidation of the enterprise, even people who have such a right are left without work.

It is important to know what payments a person can apply for and how to act for the employer so that the mass layoff is legal.

Procedure

Article 394 of the Labor Code of the Russian Federation.

If the employer misses the deadlines established by law, or incorrectly organizes the mass layoff procedure, then the employee may demand that he be reinstated. Few people are ready to sue over this matter, but if the claim is satisfied, the employer will have to pay the plaintiff the average wages during the forced absence.

Such consequences are established by paragraph 60 of the Resolution of the Plenum The Supreme Court RF (dated 17.03.04 No. 2) and Part 2 of Art. 394 of the Labor Code of the Russian Federation.

What authorities and when do you need to notify about the reduction of staff if there are members of a trade union organization among the employees?

Action	Deadline	Relevant law
Contact the trade union and the employment service, inform in writing about the reduction of staff. Union notification is mandatory for companies with a primary union. Notification to the employment service is mandatory for everyone.	Not later than 3 months before the initiation of dismissal. The employment service is notified by state organizations no later than 2 months in advance, and individual entrepreneurs no later than 2 weeks in advance.	Part 1 of Art. 82 of the Labor Code of the Russian Federation, clause 2 of Art. 25 of the Law of the Russian Federation No. 1032-1 of 19.04.91.
Tell the employee about the upcoming layoff. The warning must be made personally and against signature.	No later than 2 months before the scheduled date.	Part 2 of Art. 180 of the Labor Code of the Russian Federation.
Send to the elected body of the trade union a draft order on the dismissal of people who are members of the trade union, attach copies of documents confirming the need for layoffs. Within 7 days from this date, the trade union must provide the employer with a reasoned opinion.	Not later than 10 days and not earlier than 30 calendar days.	Part 1, part 2 of Art. 373 of the Labor Code of the Russian Federation.
If the motivated opinion was negative, then consult with the trade union, draw up a protocol.	Not later than 3 working days from the receipt of a negative reasoned opinion.	Part 3 of Art. 373 of the Labor Code of the Russian Federation.
Termination employment contract, issuance of a work book against signature on hand, settlement with an employee.	On the day of the mass reduction, if all the previous points were completed on time. If on the set day a member of the trade union is not at work due to the staffing table, the contract is terminated on the day on which he is at work.	Part 4 of Art. 84.1 of the Labor Code of the Russian Federation.

In paragraph 3 of Art. 81 of the Labor Code of the Russian Federation says that employees must be offered other vacant positions. If the employer does not offer suitable vacancies from the moment the person is notified of the reduction, then this is the basis for reinstatement in the position with compensation for forced absenteeism. In case of liquidation of the enterprise, employment is organized by the employment service.

There are situations when a company wants to terminate an employment contract sooner than 2 months before the planned dismissal. In this case, it must pay compensation to the employee in the amount of his average earnings for the time remaining until the date of the planned reduction.

Requirements for documents

Accurate paperwork will save the employer from compensation costs and from possible labor disputes with employees. What documents and how do you need to draw up?

Document	Compilation form	What the document must contain
Staff reduction order.	Free.	The number of employees and their positions, the planned date of the event.
Order on the new staffing table.	Unified.	The number of employees, their positions, the procedure and amount of payments.
Personal files of candidates for layoff.	Free.	Lawyers recommend to file an employee qualification test protocol, a document of preemptive right to the personal file of each person.
The employer's order on the creation of the commission, the decision of the commission on the preemptive right.	Unified.	The commission determines which employees should be retained in the first place. The privileged categories of citizens include single mothers, disabled people and others.
Order to terminate an employment contract.	Form No. T-8.	The details of the order to reduce the number of staff are indicated in the column "Basis".

The law establishes criteria for payments in case of mass layoffs, which must be found out both to employers and to everyone who has been laid off.

What payments to the employee are required by law?

Article 178 of the Labor Code of the Russian Federation.

The amount and procedure for payments are governed by Art. 178 of the Labor Code of the Russian Federation. If a person is fired, then what payments are they entitled to:

1. Severance pay in the amount of 1 average monthly earnings. Payment is made on the day the employee picks up the work book.
2. A vacation allowance is paid if a person has unused vacation days. This is regulated by Part 4 of Art. 139 of the Labor Code of the Russian Federation.
3. Average monthly earnings for the period while a person is looking for a job (no more than 2 months including severance pay). It is important not to forget that in order to receive money, you need to write an application, and confirm the lack of work by presenting a work book.

If a person applied to the employment service, but it was not possible to find a position suitable for qualifications in 2 months, then he can apply for 1 average earnings for the 3rd month, provided that it provides the employer with a decision of the employment service.

Situations in which a person is deprived of money due to him by law are not uncommon. Many enterprises carry out the procedure of mass layoffs in violation of legislative norms, as a result of which ordinary people, conscientious employees suffer.

Lawyers give the following useful tips that will help protect yourself during a layoff:

1. You cannot sign documents on which there is a date that has already passed or has not yet arrived. Always look at the date when signing.
2. If the employer did not say about the upcoming reduction in 2 months or did not take the receipt that the person heard this news, then the warning is considered invalid. The only exception is a situation in which the employer reads the warning text aloud, in front of witnesses.
3. Your preemptive right, for example, the presence of 2 dependents, must be confirmed and the relevant documents must be submitted to the commission. It often happens that the employer does not report that the commission has already been collected, and some people who have the right to keep the position simply do not know that it is time to submit the documents. You can independently find out about the date of the commission in the personnel department.

The most important thing that is important to remember when dismissing is that it is better to register with the employment service immediately, on the same day as the work book was handed out. If you need to take a salary for the 2nd or 3rd month from the date of the layoff, such an act will help create a good reputation for the employee and increase the chances that the court or the employer will meet halfway.

Mass layoff - how many people is it? In our article we will try to answer this question. We will also consider what material payments can be, how the reduction is carried out, in connection with what reasons, in what cases such a process can violate human rights.

General information

Before answering the question of whether a mass reduction is how many people, the very concept should be disassembled this process... It is important to know that there is no clearly defined characteristic in the legislation for both regular and mass reductions. This action means a decrease in the number or percentage of employees who occupy the same job position (for example, two cleaners, five technicians).

Some people ask the question, the massive reduction in the number of employees - how many people? The answer is this: in the case when individuals and / or divisions of persons with different specialties are excluded from the staffing table, the process is called staff reduction. If people are laid off, according to law 82 (clause 1) of the Labor Code of the Russian Federation, this is a massive dismissal.

Employer's right

Another important point in answering the question, the massive reduction in how many people are, is to clarify the rights of the employer.

The fact is that carrying out such an action can be legal and illegal. In judicial practice, there are often cases when the employer makes a layoff, disrupting the course of this procedure. Thus, he violates human rights. In this case, the subject who was subject to dismissal has the right to sue.

Reducing the number of employed persons or the whole state is a legal tool for employers. The employer (head of the firm, company) has the right to independently make changes to the subordination system, adjust structural elements organizations, to solve the issues of optimizing the process of performing work. There are no provisions in the legislation that oblige the employer to explain their actions to the hired employees. However, the law instructs him not to abuse his rights. So, when the hired staff is reduced by 80%, the director of a company or enterprise cannot hire the same number of people the next day. This example suggests that an entrepreneur should not clean up so many jobs if he is not going to cut production.

The employer is not obliged to report to his employees, but he may be asked if the dismissal was illegal.

Reasons for applying such a measure

After reviewing general provision things in this phenomenon, let us analyze the question of interest to us, the mass reduction - how many people is this?

Depending on the term of the dismissal of employees, the following cases can be considered a massive reduction:

· Removal from office of fifty persons within 30 days.

· Removal from office of two hundred people within sixty days.

· Dismissal of more than five hundred people within 90 days.

Some people are interested in the question, mass reduction - how many people is it in percentage? The form of general dismissal of many hired persons can be considered the removal from office of 1% of employees within one month. In this case, the number of staff should be at least 5,000 people.

The reasons for the dismissal are in some cases very clear. An example is the presence of a crisis in the country or in specific industries, low efficiency of the organization, changes in the management system, the introduction of the working regime into the automated status.

Available criteria

With a massive layoff of workers, we examined how many people can be laid off. However, it is important to know about the criteria for this action, as this can help in the event that the rights of the employed person are violated.

Article 82 (part 1) of the Labor Code of the Russian Federation clearly states that there are only two criteria for a massive reduction:

• The number of people who were fired.
• The time frame during which this action was completed.

These criteria may vary, depending on the region and the sphere of the national economy in which the enterprise operates. Today, before they begin to resolve the issue at the level of criteria in a sectoral or territorial agreement, they first consider the reduction from the position of the Council of Ministers, which issues resolutions on organizing employment of the population if it is planned to make a massive release of labor.

About the process

Residents of St. Petersburg and Leningrad region I'm interested in the question, the mass reduction is how many people are in St. Petersburg. According to the tripartite agreement in this city (No. 271/14-C dated January 15, 2014. Appendix No. 3. Clause 18), in St. Petersburg, the reduction is considered massive if 20 workers or more are dismissed in 30 days. The second criterion is that dismissal is considered to be massive if an enterprise with 15 or more employees is liquidated. Employers should be aware of how mass layoffs occur and how workers are illegally fired. All employees who are going to be fired should be informed about this event so that they can find a new job for themselves.

It is necessary to publish the decree of the mass reduction order 3 months before it is put into effect. Employees must sign their signatures to certify that they agree with the order.

Mass layoff - how many people is it? Notification of this must be provided in advance to all those who are fired. The decision to dismiss must be submitted to the trade union organizations and the employment service. These structures will approve the introduction of a new staffing table, which will serve as evidence confirming the need for such a measure. In this document, it is necessary to reflect the number of hired entities that will remain after the reduction, and determine their working hours.

The entrepreneur must exclude from the list of persons who cannot be dismissed (in accordance with the Labor Code of the Russian Federation 179). Further, a number of qualified employees should be identified, indicating their advantages in work. After notifying all those who will be fired, and receiving their signature, a copy of this document is made, which must be sent to the union bodies. The authorized persons in this structure must give an opinion in writing or refuse to carry out a mass layoff and come to a consensus with the employer. An employee can quit on his own within the allotted three months. His early departure will be financially compensated.

Capital of Russia

Mass layoff - how many people are there in the Moscow region? Many residents of the capital are interested in this issue. It will be important to know here that regardless of the size or status of the settlement, the law is the same for everyone, but the criteria for mass dismissal may be different. So, when asked about the mass reduction in Moscow - how many people it is, the answer is this: according to the Trilateral Agreement in the capital of Russia, if an enterprise dismisses 25% or more in 30 days, such a reduction is considered massive. If we talk about holding these events in cities, it is important to understand that they leave a negative mark on the indicators of the social and economic sphere of life.

About possible payments

Mass reductions can be carried out in any localities. It is important for employees to know about the amount of payments upon dismissal (reduction). Cash should be issued based on average earnings. It is calculated based on all cash benefits for the last 2 months of employment. If a person did not work at that time, 2 preliminary months are taken for calculation. If the employee did not receive money during this period, the average earnings are calculated based on the tariff rate or salary. This process is called compensation. With a massive reduction, vacation pay is also issued, unpaid until the moment of their use (Labor Code of the Russian Federation 4 h. 139) and bonuses.

Who can't be fired

For managers, it is not only the question of mass dismissal of the staff of employees that is of interest - how many people it is, but also the laws of the Labor Code of the Russian Federation. To get a better understanding of the phenomenon under study, taking place in enterprises and firms, let us consider it using an example. So who shouldn't be cut? These persons are:

• Pregnant women.
• Temporarily disabled (medical certificate required).
• People on vacation (regular, maternity leave, during the session, and so on).
• Women with babies under the age of 3.
• Single mothers with children under the age of 14.
• Mothers raising children with disabilities (if they are under 18).
• Collective dispute resolution staff.
• Union members.

Summing up

It is important to remember that the question, the mass reduction of people - how much is it in Volgograd or any other city, will be determined in accordance with the provisions of the laws of the Labor Code of the Russian Federation. This process is determined by the number of people hired, the size of the firm and its production, as well as the region of the country. The layoff can affect any employee in large enterprises or small organizations. To avoid a situation that could adversely affect the life of a fired person, you need to know your rights well. If a controversial issue arises with the manager, you must first clarify it with a lawyer, and then defend your interests in court.

When a business is liquidated or staff downsized, employment contracts are terminated with all employees or with the majority. But what is a mass layoff of workers? What criteria defines such a concept? In what order are the personnel documents for this operation drawn up? And is the employer obliged to notify the state control authorities about the planned event? The article tells about typical ways of solving the issue of mass layoffs of personnel.

If we are talking about the reduction of not one specialist, but a large number of employees, this means that a massive layoff of personnel is being carried out. Does the employer have the right to do this? Yes, absolutely. After all, labor law allows dismissal of employees on the initiative of the enterprise in connection with the liquidation of the company or staff reduction (clauses 1, 2, part 1 of article 81). And if the OP (representative office, branch or other division) is closed, labor contracts are terminated in accordance with the general procedure in force when the legal entity is closed.

In this case, a lockout or mass layoff of workers will be such a reduction in personnel, in which the number of employees who are dismissed makes up a significant part of the number of remaining personnel. Accordingly, if, for example, TD (labor contracts) are terminated with 10 specialists, for a company with a total staff of 12 people. there will be a massive layoff. At the same time, for an enterprise with a staff of 150 people. such personnel reshuffles cannot be called massive.

Mass layoff criteria

What criteria can be used to determine the type of dismissal of employees? Today, the Resolution of the Council of Ministers of the Government No. 99 of 05.02.93 is in force. In this normative document defines the criteria for mass dismissal of employees, lists the principles of interaction between employing companies and executive government agencies. According to the Resolution, the main criterion for the mass character of the termination of a TD is the number of dismissed employees for a certain time period.

A mass reduction is recognized as:

• Full official liquidation of a company with more than 15 employees.
• Reduction of the number of personnel by the number - from 50 people. 30 days in advance (calendar); from 200 people in 60 days; from 500 people in 90 days.
• Dismissal of employees within 30 calendar days in the amount of 1% of the total headcount in the liquidation of a business or in case of staff reduction - this criterion applies in regions where the number of employed foxes is less than 5,000 people.

Note! In addition to the above criteria, in some regions, additional principles for determining the mass scale of layoffs may be approved, depending on the characteristics of the territory.

Features of the procedure for the mass layoff of the state

If the employer is forced to go to such an extreme measure as mass layoffs, he must comply with legal requirements. According to paragraph 3 of Art. 21, p. 2, art. 25 of the Law of the Russian Federation No. 1032-1 of 19.04.91, the enterprise is obliged to notify the trade union bodies and the employment service. In this case, documents are submitted to the trade union at least 3 months in advance. before the start of the planned events; and the territorial department of the CPC - at least 2 months in advance. with the usual reduction, for 3 months. - at mass.

This is done in order to increase the chances of subsequent employment of specialists, because the job market, like other markets, cannot always provide the required number of offers. Additional guarantees are established in Part 5 of Art. 74 of the Labor Code, which says that in the event of threats of mass dismissal of personnel, the employer has the right to introduce a part-time employment regime for up to six months. Such a decision must be made by agreement with the trade union bodies and taking into account the requirements of stat. 372 TC. If the organization does not provide for the creation of a trade union, this provision does not apply.

Note! A lockout is carried out in situations where there is no other way out. If it is possible to take preventive measures, the employer should use all options to avoid mass layoffs. For example, this is a temporary dismissal of staff on vacations at their own expense, the transfer of employees to part-time work or to other positions, etc. All permutations should be documented to justify the legality of the actions.

Personnel registration of documents in case of mass dismissal

So, mass layoffs are inevitable. What steps are required by the employer's administration? The procedure includes the following sequential steps:

• Drawing up an order of the head of the employer about the upcoming layoff - the order is formed and communicated to the personnel, taking into account the three-month warning period for layoffs. Be sure to provide data on the total number of dismissed employees, positions and OP (if there are divisions in the company), the dates of termination of the TD. Information is communicated to each dismissed employee under a personal signature.
• Development and drawing up of an updated staffing table - it is recommended to apply f. T-3, positions are given taking into account personnel changes and the needs of the enterprise. When selecting candidates, it is necessary to take into account the level of qualifications of specialists, experience, etc.
• Conducting a personnel alert - employees must be notified at least 60 days in advance. before the actual date of reduction (part 2 of article 180 of the Labor Code). The form of such notification is free, but it must be written. Each employee must not only familiarize themselves with the information, but also confirm it by affixing a personal signature.
• Assistance to dismissed employees with subsequent employment - according to Art. 180 the current employer must offer other types of work (positions), including subordinate ones, to specialists who fall under the layoff, as well as promote employment in other organizations.
• Written notification of trade union structures and employment center - this requirement also applies to employers-entrepreneurs.
• Registration of personnel documents for termination of the TD - orders are drawn up, data are entered into personal cards, work books.
• Calculation of accruals - in addition to salary payments and other remunerations under the LNA of the enterprise (bonuses, allowances, incentive payments), in case of staff redundancy, the employer is obliged to pay severance pay in the amount of the average monthly earnings. Such compensation is issued for 2, and in special cases for 3 months after dismissal.
• On the last day of work, the employer issues work books to employees and pays the due amounts. At the request of individuals, other documents are additionally drawn up - certificates, personalized data and other forms.

Conclusion - in this article we figured out what a mass layoff of personnel is and what documents are used to formalize such an event. If you have any questions, may help free consultation a lawyer. A similar service is provided both online and with personal contact with specialized companies.

Mass layoff of employees - how many people? It is determined by the ratio of the number of dismissed employees to the total headcount of the enterprise.

What are the criteria?

The criteria for mass dismissal are determined by the Decree of the Government of the Russian Federation of 05.02.1993 No. 99(as amended in 2014) "On the organization of work to promote employment in the context of mass layoffs." If other industry-specific or regional criteria are not adopted for the enterprise, then the following are taken as the basis:

1. Complete liquidation of an enterprise, regardless of its ownership, with the number of employees 15 or more people.
2. Reduction of the number of employees of the organization in the number of:
   • 50 or more in a period of 30 calendar days;
   • 200 or more in a period of 60 calendar days;
   • 500 or more in a period of 90 calendar days.
3. The number of those dismissed is 1% of the total number of employees within 30 calendar days in an area that has no more than 5 thousand jobs.

Reasons for reduction

The ongoing economic crises in the Russian economy, mistakes in the enterprise management strategy, the development of new technologies are the reasons leading to a massive reduction in the number of employees, and even to its complete elimination. The main reasons are:

• bankruptcy of an enterprise;
• liquidation of the organization;
• change of company management;
• change in the staffing table;
• introduction of new technologies to automate production processes, etc.

Order

To prevent mass layoffs (unless a final decision is made), steps are taken to stabilize the enterprise and get time to improve the situation:

• notifying the local administration of a possible mass layoff of workers to jointly solve the problem;
• termination of hiring new employees;
• re-profiling or changing the direction of the organization's activities;
• termination of part-time employment;
• reduction of the working day and (or) week;
• transfer of employees falling for layoffs to other jobs, etc.

If it is not possible to avoid mass reduction, then it is necessary to carry out the entire reduction procedure in accordance with Labor Code RF (Articles 74,,,, 140,,) and other legal acts.

Article 140 of the Labor Code of the Russian Federation. Terms of settlement upon dismissal

Upon termination of the employment contract, the payment of all amounts due to the employee from the employer is made on the day of the employee's dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than next day after the fired employee has made a payment request.

In the event of a dispute over the amount due to the employee upon dismissal, the employer is obliged to pay the amount not contested by him within the period specified in this article.

Read about how alimony is charged upon dismissal, whether they are withheld from compensation and other payments.

Decision-making

Depending on the form of ownership of the enterprise (private, state and municipal), the decision on mass layoffs or layoffs is made at different levels. If the enterprise is state-owned, then it may be a Government or a specific Ministry decree on changing (reducing) the number of employees in a specific area of ​​production or organization.

If the company is private, then the decision is made individual entrepreneur(for individual entrepreneurs), a director or board of directors, or other governing body.

Trade union and employment center notification

It prescribes the obligatory consideration of the opinion of the trade union bodies during the mass dismissal of workers.

Within 10 days after receiving notification of the upcoming mass dismissal, the trade union makes a decision and draws it up in writing. If this term is violated by the trade union, the management of the organization may not take into account its opinion. If the trade union makes a negative decision, then joint meetings are held within three days, the results of which are documented in a joint protocol. The employer can appeal against the negative decision of the trade union in court.

Important! All agreements and the results of the consultation with the trade union are made in writing.

Trade union verifies legality of dismissal: the presence of pregnant women who are on leave for children, single mothers among the dismissed employees.

In accordance with the Law of the Russian Federation of 19.04.1991 (as revised in 2017) "On employment in the Russian Federation", it is necessary to promptly notify the employment center of the upcoming massive layoff of employees - this is 3 months before the start of the immediate measures for mass layoffs.

Violation of the deadlines for notification of the employment center entails administrative liability of the employer in the form of a fine: three thousand rubles for natural person and up to 50 thousand rubles - for legal.

The legislation does not provide for a uniform model of notification of the Employment Center on the mass layoff of workers.

The notice is drawn up in any form, but must contain the following information: a list of persons subject to dismissal, indicating the position held, education, work experience, qualification requirements and the size of wages.

A notice to the employment center of a mass dismissal is sent to the actual location of the organization.

Issuance of an order for the release of posts

The mass dismissal order must indicate the justification for the mass dismissal:

• a court decision on declaring the organization bankrupt;
• the decision of the meeting of founders on the termination of activities or reorganization and the need to reduce the number of employees;
• change in the staffing table and others.

The order is issued in any form with the obligatory indication of the following data:

1. full name of the enterprise;
2. date of publication;
3. estimated date of dismissal;
4. list of downsized employees.

The order is signed by the head and agreed with the legal service and the trade union, is registered in the prescribed manner in the register of orders with the assignment of a number and indication of the date.

Drawing up a new staffing table

The staffing table is not a mandatory document, but it allows you to solve personnel issues and plan the development of the organization. The document indicates:

1. structural units;
2. job titles;
3. amount of workers;
4. wages, allowances.

Commercial organizations can assign any title to positions, and the state ones are necessarily guided by special classifiers. Both occupied and vacant positions are indicated in the document, employees working part-time are taken into account.

Before creating a new staffing table, management conducts an analysis of the personnel composition, production capacity and prospects for further development.

An employee of the personnel department or secretary draws up a schedule, for convenience in a tabular form. The staffing table is approved by order, registered and only after that it comes into force.

Who is being cut?

Mass layoffs take into account qualifications, experience and merit employees. This decision is made jointly by management with the personnel department and taking into account the opinion of the trade union.

It is impossible to dismiss the preferential categories of workers to reduce:

• women in position;
• single parents with dependent children under 14;
• women on parental leave;
• adoptive parents, guardians with children under 14 years old.

Employee notification

The employer must notify the employee in writing about the upcoming dismissal two months in advance. before the date of dismissal. In writing, the employer offers the existing other work, both corresponding to the qualifications of the employee, as well as a lower position or lower-paid job.

The employer must offer the employee all vacancies that meet the specified requirements. If provided by a collective agreement, the employer has the right to offer vacancies in another locality.

If the employee refuses to sign the notice of dismissal, it is sent to him by registered mail with notification, and then an act of refusal to sign is drawn up.

Attention! A notice of dismissal is handed to an employee only under a personal signature.

Transfer to another position

If, as a result of negotiations between the employer and the employee, a decision is made to transfer to another position, then the employee writes an application addressed to the manager for the transfer to another position. According to Article 72 of the Labor Code of the Russian Federation, the employee's statement is considered as his consent... After that, a transfer order is prepared and, on its basis, changes are made to the staffing table, work book and other working documents.

Article 72 of the Labor Code of the Russian Federation. Changing the terms of the employment contract determined by the parties

Changes to the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to amend the terms and conditions of an employment contract determined by the parties shall be concluded in writing.

Drawing up an order

A mass dismissal order is drawn up on the last day of work of employees, indicating the grounds:

• order to approve a new staffing table;
• employee notice of dismissal;
• a written offer of another job to an employee and his refusal;
• an act of refusal of the employee to sign the dismissal.

The document states:

1. full name of the organization, date of the order, registration number;
2. details of the employment contract to be terminated;
3. grounds for termination in accordance with the Labor Code of the Russian Federation;
4. signatures of the head, employee (familiarized), trade union organization.

Filling in documents

On the day of dismissal, on the basis of a dismissal order, an entry is made in the work book:

• section 1 indicates serial number records;
• section 2 - date of dismissal;
• section 3 entry on the reason for dismissal, without reductions, exactly in accordance with paragraph of the Labor Code of the Russian Federation;
• in section 4, the number of the order is put down, on the basis of which a record of dismissal is entered in the work book.

The head of the organization or personnel worker responsible for maintaining work books, puts his signature and stamp under the record. The employee checks all records and also signs.

On the basis of the order, appropriate entries are made in the employee's card and personal file.

Issuance of calculation and documents

On the day of dismissal, the employee receives:

• work book;
• certificates on the amount of wages paid and on the payment of contributions;
• certificate of employment;
• on the day of dismissal, the employee is paid all due funds.

What payments are required?

Upon dismissal, the employee is paid:

1. salary for days worked;
2. compensation unused vacations(all unused);
3. additional amounts in case of early termination of the contract;
4. severance pay.

The severance pay to the dismissed employee is paid in the amount of the average monthly earnings. For the search period new job it retains the average monthly earnings, but not more than two months from the date of dismissal.

The amount of the benefit for a full paid month is calculated:

Benefit = Average salary = Average salary × RD, where:

• CPR- the value of the average monthly salary;
• SrdnZP- the size of the average daily wage;
• RD- the actual number of days worked.

The procedure for the mass dismissal of employees has a number of difficulties and nuances, but it must be carried out in compliance with legal regulations.