To date, a very relevant topic is the reduction of staff according to the Labor Code of the Russian Federation 2015. quite often in various companies the question arises of reducing the staff. It would seem, what is so difficult? Took and fired a man. But in fact, not everything is so simple! There are many pitfalls associated with the financial issue, namely, salaries, severance and vacation pay, various compensations, and so on.

In addition, the frequency of payments also plays an important role. This time we will try to deal with the procedure and terms of settlement with an employee for 2015, who was fired by the organization.

What are the mandatory payments due to the employee

The Labor Code of the Russian Federation contains articles 178-180 and 81, which deal with issues related to the reduction of the company's staff. It is indicated that each employee who was dismissed at the initiative of the employer due to staff reduction can count on the following payments:

• Salary for the part of the month worked before the date of official dismissal;
• Holiday payments, calculated from the number of hours worked for the current year;
• severance pay.
• The average salary until the employee finds a new job.

Then it's up to the HR staff. They must provide all the necessary documents before the official dismissal, and the employee’s work book must also be filled out properly. As for all other payments, they will not be lump-sum, and will be paid according to the terms agreed in advance.

The procedure for settlement with an employee dismissed due to staff reduction

As soon as specialists from the accounting department receive an order to dismiss an employee, the following types of payments are immediately accrued to him:

• Salary for a certain number of days worked by an employee in the last month in the usual manner under Article 140 of the Labor Code of the Russian Federation.
• Vacation payments. We are talking about the moments when the dismissed employee did not use his vacation, paid on a mandatory basis by the company. The implementation of the accrual takes place according to the number of days actually worked by the employee for the current year in accordance with Article 127 of the Labor Code of the Russian Federation.
• Severance pay equal to the average monthly income of an employee in accordance with Article 178 of the Labor Code of the Russian Federation.

The total amount of all the above payments is calculated. The money is given to an employee dismissed by reduction along with his work book.

Plus, if an employee suffered physical damage or other incidents during his work in the organization, he also has the right to count on this compensation from the company at the time of dismissal.

Payments for the period of employment

After two months after leaving the organization for reduction, if the former employee could not find a job during this period, he submits to the employer his work book , in which there are no records of employment. In this case, the organization undertakes to pay him the average salary for the month.

And if the employee got a job, but around the middle of the month, in this case, the organization will pay him a salary for the days during which the latter was considered unemployed.

Well, if the former employee did not get a job, and the third month has already begun in the status of unemployed, then he can also count on compensation from the company, only under the following conditions:

• If the employee managed to register with the employment service at the place of residence two weeks after the dismissal;
• For all this time, the employment service could not find a suitable job for the dismissed employee.

As soon as three months have passed, the citizen goes to the employment service and there he is given a document confirming the status of unemployed. With a document and a work book, a citizen goes to his former employer, where he is entitled to a payment in the amount of the average monthly salary.

Based on the foregoing, we conclude that the reduction in staff is the initiative of the employer, that is, the employee is dismissed not of his own free will and not according to the article. And this means that the employer is obliged to pay everything to the dismissed employee until he is re-employed. According to the Labor Code of the Russian Federation for 2015, the employer pays all vacation and severance pay, wages and funds for the time being until the former employee finds a job.

The procedure for reducing the staff - a step-by-step instruction for it is described in the Labor Code of the Russian Federation, and the Supreme Court of the Russian Federation gives additional clarifications. How to properly reduce staff from the point of view of the law is described in the proposed article.

How to properly reduce an employee due to a downsizing: procedure

You can legally dismiss an employee by following the step-by-step instructions on reducing the number of employees and a number of rules:

• Offer all available vacancies that correspond to the qualifications of the employee (Article 81 of the Labor Code of the Russian Federation).
• When choosing employees for reduction, remember the pre-emptive right to remain at work and the impossibility of dismissing some employees under the Labor Code of the Russian Federation (Article 179 of the Labor Code of the Russian Federation).
• Pay compensations provided for by the current legislation and local acts of the organization (Articles 178, 180 of the Labor Code of the Russian Federation).

Step by step reduction of staff includes the following steps:

• Informing employees about the upcoming staff reduction in accordance with Art. 180, 296, 318 of the Labor Code of the Russian Federation.
• Informing the trade union body about the upcoming reduction. As a general rule, Part 1 of Art. 82 of the Labor Code of the Russian Federation, it is made 2 months before the dismissal. If we are talking about mass dismissal, then the notice should be carried out 3 months in advance.
• The offer to laid-off workers of all possible vacancies that meet their qualifications, under Part 1 of Art. 180 of the Labor Code of the Russian Federation.
• Registration of dismissal of employees who have decided to dismiss before the expiration of the established period. At the same time, it is obligatory to pay all the prescribed compensations, taking into account the additional for early dismissal under Part 3 of Art. 180 of the Labor Code of the Russian Federation.
• Dismissal of employees after the expiration of the period indicated in the notices.

How to properly warn an employee about dismissal under the article on staff reduction

It is necessary to talk about how to properly reduce an employee to reduce staff, taking into account the obligation to warn the employee about the upcoming dismissal. It is necessary to observe the procedure and terms of such a warning.

Article 180 of the Labor Code of the Russian Federation states that the minimum threshold for warning an employee is 2 months about the deadlines for reducing the staff. The employer can warn for a longer period, the law does not contain restrictions of this kind. The parties have the right to agree on early dismissal.

The second important aspect is the form of the warning. The notification always takes place in writing, under the signature, individually for each employee. The law does not establish a rigid form for such a notice, but it is important that the grounds for dismissal and deadlines follow from it.

The law does not specify how the notification should be sent. The main thing is that it be in writing, handed over under the signature and personally. At best, it should be handed directly to the employee, but this is not always possible. In extreme cases, the notice can be sent by certified mail, for example, if the employee is sent on a long-term trip.

It is in the interests of the employer to draw up a notice in 2 copies and keep a copy signed by the employee.

Who cannot be fired

The law distinguishes 2 separate categories of employees - those who:

• cannot be made redundant under any circumstances;
• enjoy the right to remain at work.

• employees who are pregnant;
• female employees raising children under the age of 3;
• single mothers raising a disabled minor;
• single mothers raising a child under the age of 14;
• employees raising a child without a mother;
• sole breadwinners of a disabled minor;
• the only breadwinners of a child under 3 years old in a large family, provided that three children are minors, and the second parent is not employed.

Art. 81 of the Labor Code of the Russian Federation supplements this list with employees on vacation or disabled, because dismissal at the initiative of the employer during this period is prohibited.

Priority right to stay at work

Priority when leaving at work is determined primarily by the Labor Code of the Russian Federation, but additional categories of workers can enjoy this right on the basis of a collective agreement.

In Art. 179 of the Labor Code of the Russian Federation defines categories of workers who have an advantage in choosing persons who fall under the reduction. The main thing that an employer should be guided by when choosing employees to leave at work is:

• qualification;
• labor productivity.

Preference is given to those with higher scores. If they are equal, then priority under Part 2 of Art. 179 of the Labor Code of the Russian Federation is given:

• persons who have a family in which 2 or more dependents remain on their support (at the same time, the assistance received by the dependent must be constant, being the main source of finance for existence);
• employees who improve their skills on the job;
• the sole breadwinner in the family;
• employees who, while working at the enterprise where the reduction is taking place, have received an occupational disease or injury;
• disabled veterans of the Second World War and other disabled people who became disabled as a result of participation in hostilities to defend the Motherland.

Problems can arise when an employee feels that the employer has unfairly chosen him for layoffs and his labor productivity is higher than that of the employees who were left. In such a situation, he can go to court. An example of proving such a fact and taking it into account by the court is the decision of the Bogatovsky District Court dated February 26, 2015 No. 2-60/2015 2-60/2015~M-42/2015 M-42/2015.

What are the guarantees and compensations for laid-off workers

Art. 178, part 3 of Art. 180 of the Labor Code of the Russian Federation guarantee such employees:

• Full pay for all hours worked in the last working month.
• Cash compensation for unused vacation.
• Severance pay in the amount of average monthly earnings.
• Average monthly earnings for 2 months as a period of employment with offset of severance pay. The period of saving earnings can be extended up to 3 months by decision of the employment authority, if the employee registers with it within 2 weeks after the termination of the employment contract and is not employed. For workers in the Far North, this period may be extended to six months under Art. 318 of the Labor Code of the Russian Federation.

For early dismissed employees, additional compensation is provided - the average earnings for the entire time for which the period of work after the warning was reduced, including when the warning was made more than 2 months in advance or its validity period was extended (appeal ruling of the Sverdlovsk Regional Court dated February 14, 2018 to case No. 33-2730/2018).

An exception when calculating severance pay is made for seasonal workers. For them, it is paid in the amount of the average earnings for 14 days.

What are the features of reducing a part-time job

Compatibility under Art. 60.1 of the Labor Code of the Russian Federation is the performance of other work in free time from the main job with the same employer or with another.

At the same time, the law does not make an exception regarding the procedure for dismissing a part-time worker on the basis of Part 2 of Art. 81 of the Labor Code of the Russian Federation, and art. 287 of the Labor Code of the Russian Federation says that guarantees are provided to such employees in full, with the exception that part-time workers cannot count on additional guarantees provided to employees of the Far North. They are provided only at the main place of work.

Regardless of whether the employee is an external or internal part-time job, he must be informed 2 months in advance of the upcoming reduction in his position and receive all possible job offers that he can occupy due to his qualifications. In case of refusal, he is dismissed according to the general rules.

IMPORTANT! For each place of work, the parties conclude an independent employment contract , an order is issued to hire an employee for a position.

This means that the reduction of a part-time job during a staff reduction is not a basis for his dismissal from the main position, even if we are talking about internal part-time work.

Grounds for challenging the dismissal of an employee due to staff reduction

It is not uncommon to go to court to challenge a dismissal due to staff reductions. The basis for the consideration of such cases was laid by the Constitutional Court of the Russian Federation, determining that the personnel policy of the enterprise is the responsibility of the employer and he has the right, at his discretion, to carry out a reasonable staff reduction in accordance with the norms of the current legislation (for example, the definition of the Constitutional Court of December 22, 2015 No. 2768-O).

Among the grounds for the position of the employee in disputes about staff reductions, it is worth noting:

• Violation by the employer of the redundancy procedure. The burden of proof is on the employer. Thus, the Soviet District Court of Samara issued a decision dated 07/05/2017 in case No. 2-2200/2017, satisfying the plaintiff's claims, since the employer was unable to document compliance with the staff reduction procedure.
• The dismissal of an employee for other reasons than the real reduction in staff. To establish such facts, the court takes into account the actual change in the number of departments. An example of this is the decision of the Buynaksk City Court dated June 29, 2017 in case No. 2-467/2017.

So, the decision to reduce the number of employees is fully the responsibility of the employer. However, at the same time, he must comply with all legal requirements regarding the process of reduction, payment of compensation and preservation of guarantees to former employees.

In a difficult economic situation, sometimes staff reduction becomes the only possible way to save the company. Often, however, downsizing is a way to save resources. This procedure is spelled out in great detail in the Labor Code and has a well-thought-out sequence.

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Reduction of employees under the Labor Code

Reduction of staff is a procedure that provides for compliance with a number of conditions by the Labor Code. Failure by the employer to fulfill one of them may entail the restoration of the employee at the workplace, with the payment of earnings for the entire period of forced absenteeism , which will be considered the period from the date of dismissal to the date of restoration. Labor disputes are often resolved in court and the court, as a rule, takes the side of the employee.

The rules for dismissal in accordance with the Labor Law should be known to both employers and employees.

Dismissal due to redundancy falls under Article 71 and must be carried out in two cases:

1. With the liquidation of the post as a whole.
2. With the reduction of staff units for this position.

In any enterprise, large or small, there are positions that are occupied by only one employee, for example, the head of the hot laying shop. If such a position is reduced, then the employee who occupies it is dismissed.

In large enterprises, there are positions that are occupied by several (sometimes several dozen) people, for example, a commuter bus driver. Here, not all positions can be reduced, but only the number of employees is limited, for example, “reduce the number of employees from 25 to 15”. Then only a part of the persons holding this position will be reduced, here a number of other provisions of the Labor Code will come into force.

The dismissal of workers is also carried out in the event of a reorganization of production. For example, when installing new equipment that eliminates jobs.

But in any case, the staff reduction is carried out in accordance with Art. 178. And it is necessarily preceded by the approval of a new staffing table, which becomes the basis for the reduction and termination of the employment contract with a specific person.

When an enterprise or individual entrepreneur is liquidated, employees are also dismissed (part 2 of article 140). But in this case, all employees are dismissed, including those categories that are not subject to reduction, for example, pregnant women who are caring for a baby, etc.

Who do not have the right to reduce

After the approval of the new staffing table, where there are a number of provisions providing for staff reductions, the question of reducing real jobs will arise. So, it will be considered which of the employees needs to be fired and who should be left. A number of categories have protective guarantees that prohibit their dismissal.

Yes, Art. 261 of the Labor Code of the Russian Federation provides for special rights of the following categories:

1. Pregnant women.
2. Mothers with children under 3 years of age.
3. Single mothers with children up to 14 years of age.
4. Mothers raising children with disabilities under the age of 18.
5. Persons raising children without a mother, up to 14 years of age.

According to Art. 269 ​​you cannot fire an employee who is under 18 years old.

You cannot fire an employee who is on a temporary disability sheet or on vacation.

Important! The dismissal of these categories of workers is possible only with the complete liquidation of the organization. If a position is liquidated, the person must be offered another vacant position. At the same time, it does not have to be equivalent in terms of qualifications and remuneration.

Some other categories of workers also enjoy the right of preference with equal indicators and qualifications (Article 179):

1. If this employee is the only employee in the family who has earnings.
2. Disabled people who have received injuries or occupational diseases at this enterprise.
3. Disabled veterans of the Great Patriotic War or invalids of military operations for the defense of the Fatherland.
4. Employees who undergo training (upgrade their qualifications) in the direction of the organization on the job.
5. Employees with two or more dependents.

In what cases will dismissal be unlawful?

From all of the above, it should be concluded that a number of people of several categories cannot be fired due to staff reduction, they should be offered another job, they can be fired later by agreement of the parties or of their own free will. Here, layoffs to reduce staff would be unlawful.

Another important point is the decision of some managers to offer the dismissal of employees not by redundancy, but of their own free will. This is usually dictated by the desire to save on payments due to the category subject to reduction. But not allowed to persons resigning of their own free will. Upon dismissal of one's own free will, it will not be possible to appeal the illegality.

It will be unlawful to dismiss a person who is on sick leave or on vacation. The procedure for the dismissal of employees to reduce staff has a clearly defined mechanism that provides for a number of actions.

If at least one of them is violated, the dismissal may be considered unlawful. This:

1. Drawing up and approval of a new staffing table.
2. Notification of employees about layoffs (posting an order) 3-2 months before the expected date of layoffs.
3. Notifying each employee individually (in writing) at least 2 months before the proposed dismissal.
4. Issuing a notice of dismissal.
5. Full settlement with the employee on the day of dismissal.

Here, for example, dismissal without written notice to each individual may result in the unlawful dismissal of a particular employee (he was not notified properly).

In practice, the absence of one of the listed leadership steps can be considered as an illegal dismissal.

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

It should be noted that a reduction in the size of the tariff rate for an employee due to the difficult financial situation of the employer is unlawful. Therefore, it is not entirely correct to consider it as one of the alternatives to downsizing. Moreover, it is forbidden by law to reduce the wages of employees due to the difficult financial situation of the organization (enterprise).

Tariff rate reductions are carried out in accordance with Art. 74 of the Labor Code of the Russian Federation and carrying out such is possible:

1. In the presence of changes in equipment and / or production technology.
2. In the case of improving jobs (the basis is certification).
3. With structural reorganization.
4. Other reasons put forward by the employer (but they can be challenged in court).

Provided that these changes entailed a decrease in the actual amount of labor to perform its work function. At the same time, it is impossible to change the labor function itself.

For example, equipment (car) was purchased, which now performs part of the physical work of a loader worker for him. In this regard, he reduced the rate by 30%. Or if, as a result of structural reorganization, the employee no longer needs to perform one of the actions he takes, for example, when packing goods, there is no need to transfer packaging paper, which is 25% of the work performed.

At the same time, such a reduction in the tariff salary should be preceded by a number of actions on the part of the enterprise:

1. Issuance of an order on the need and implementation of changes, with their justification. Carrying out other activities necessary to make changes.
2. Notices of the primary trade union organization.
3. Notifications to the employee about upcoming changes in working conditions 2 months in advance (in writing).
4. Conclusion of an additional labor agreement, which will reflect changes in the size of the tariff rate.

In case of disagreement with the reduction of the tariff rate, the employee may be offered another job at the same enterprise, or he may be fired:

1. According to paragraph 2 of part 1 of Art. 81 for downsizing. Here he will be paid all due compensation.
2. According to clause 7.h. 1 st. 77 as having refused to work in the new conditions. In this case, payments fall under Part 3 of Art. 178.

If a person was notified of the changes and started working after the expiration of 2 months, but an additional agreement was not signed, then this is interpreted as an actual agreement with a reduction in the tariff rate.

The procedure and rules for the reduction of an employee in an enterprise

Reduction of staff concerns a specific person only when he was informed by signature that he would be fired due to a reduction in staff. The employee must be notified at least 2 months before the expected date of dismissal. If for any reason he refuses to sign the familiarization order, then an act is drawn up, which testifies to his notification.

After notification of the reduction of the position, the management, if there are vacancies in the enterprise, must offer them to the dismissed person. In addition, if there are vacancies in another locality, they may also be offered.

If during the period of these two months the person manages to find another job, he can notify the management and receive the calculation earlier by means of a written application. In this case, he will be paid compensation in the amount of the average monthly earnings.

On the day of dismissal, the employee is issued a work book with all the entries made in it, as well as a certificate of income for the last 2 years, all other certificates that the dismissed person requires.

A full account is required. In some cases, there is a dispute over payments. If this happens, then only the undisputed amount is paid on the day of dismissal.

Important! The period of 2 months for notice of reduction is established by law for permanent employees. Temporary employees must be notified at least 2 weeks in advance. For those who are hired for up to 2 months - this time is 3 days.

The procedure for calculating payments

Funds must be accrued and issued to the dismissed person on the day of his dismissal. The day of dismissal is the day of full settlement with the employee.

The only exceptions are cases where the employee disputes the amount of payments. Then on the day of dismissal he should be paid an undisputed amount.

The amounts of these payments are usually significant, often the employer asks employees to leave of their own free will or by agreement of the parties. With these formulations, payments for job search and additional benefits are not provided.

The amount of cash payments will depend on several factors:

1. Forms of employment: permanent or temporary.
2. The salary of the dismissed person. In fact, all states are calculated from the average salary of the dismissed person.
3. The number of unpaid other payments: vacations, sick leave, business trips.

Terms and amount of accrual of funds

Upon dismissal, a full settlement is made with the employee, while he will not only be given the requested certificates, a work book and terminate the employment contract, but will also make a full cash settlement. The amount given to the dismissed person must include all payments due to him. Among them will be:

1. The amount of severance pay in the amount of the average salary for 1 month.
2. The amount of average earnings paid for the duration of the job search (for 2 months, sometimes 3).
3. The amount of additional compensation (2 more average monthly salaries).
4. Compensation in monetary terms for all unused vacations.
5. Payments for all unpaid sick leave and business trips.
6. Salary for the hours worked (the day of calculation is also paid).

Important! If there were paid, but unused, money is not returned.

For temporary workers, the amounts are calculated in two-week amounts.

Rights and guarantees of employees in case of redundancy

The legislator has provided some rights and guarantees for employees who are subject to redundancy. They are mainly aimed at a more systematic dismissal, in which there is a period that should allow the dismissed person to adapt to new conditions and find a job.

A number of rights and guarantees are provided for in Article 81. Here, the employer undertakes to offer the employee who falls under the reduction of another position vacant at the enterprise (if any). If the enterprise has branches or divisions, including in other cities, then the employee may be offered a job there.

An employee can use another right (Article 179) if he managed to find a job before the expiration of a 2-month period. Here, in agreement with the employer and on the basis of a written application, he can be dismissed earlier, but he is paid an allowance in the amount of the average monthly earnings.

In addition, with this type of dismissal, persons are entitled to a severance pay in the amount of two average monthly salaries and unemployment assistance from the employment service for 2 months (Article 178).

The rights of the dismissed person also include the obligation of the employer to notify the employment service authorities of planned activities 3 months in advance. It is believed that this will allow the laid-off persons to find work more quickly.

1. When the benefits under Art. 179, they are valid only when considering the position held. If the employee applies for another position, then they may not be taken into account here.
2. Temporary disability is a reason that does not allow the dismissal of an employee under Art. 178. But dismissal after the end of the sick leave cannot be cancelled. As a rule, in such cases, it will turn out to work a little longer, but avoiding dismissal is not.
3. Sometimes it becomes necessary to get a certificate from a previous place of work. According to the law, it can be obtained both upon dismissal and after it. At the same time, there are no deadlines that would limit the receipt of a particular certificate. But the employer must provide it within three days after the application. In this case, the document must contain all the necessary details and be certified.

Dear Dmitry,

Dismissal
due to a reduction in the number or staff of employees

In
accordance with paragraph 2 of the first part of Art.
81 of the Labor Code of the Russian Federation, an employment contract may be terminated by an employer due to
a reduction in the number or staff of employees of an organization, an individual
entrepreneur.

In
the labor legislation there is no official explanation of what exactly is
a reduction in the number and what is a reduction in staff, and how these concepts
correlate.
In our opinion, downsizing should be understood as a reduction in staffing for a certain position while leaving
the position itself in the staff list , and under staffing reduction - the elimination of all
staffing units for one or more positions.
However, since the procedure
is the same
both in case of a reduction in the number of employees and in case of a reduction in staff practical importance.

The exclusion
from the staff list of vacant positions (staff units)
is not a reduction in the number (staff) of employees.

procedure
can be divided into the following steps.

1. The employer makes
a decision to reduce the number (staff) of employees and approve
a new staffing table.

2. Determination of
the circle of employees who will be affected by measures to reduce the number
(staff).

3. Written
notification of the decision made by the employment service and the trade union (if any).

4. Personal
warning of each employee, whose staff unit is subject to reduction, about
the upcoming dismissal and offering him another available job.

5. Taking into account
the reasoned opinion of the representative body of employees or obtaining
the consent of such a body in the cases provided for in Articles 39, 373, 374 and 405
of the Labor Code of the Russian Federation.

6. Registration
of the dismissal of employees under paragraph 2 of
the first part of Art.
81 of the Labor Code of the Russian Federation in the general manner established by Art. 84.1 of the Labor Code of the Russian Federation, with the payment of all amounts due.

Dismissal
due to a reduction in the number or staff of employees is legal subject to
the following conditions:

The reduction
in the number (staff) of employees actually took place, that is, in fact,
there was an abolition of the functional rights and obligations that make up
the content of the reduced position, and not, for example, a simple renaming
of any of the reduced positions.

The Constitutional
Court of the Russian Federation, in its ruling of December 17, 2008 N 1087-О-О,
confirmed the obligatory nature of such a condition as the reality of the reduction, and at the same time
indicated that the employer cannot be limited in the right to subsequently
restore the abolished position in the staff list in order to carry out
effective economic activity and sound management of property,
but in such cases the possibility of abuse of the right by
the employer, using the reduction in the staff to dismiss
a particular person, cannot be ruled out.
And since in such cases the employee can find out about the restoration of the position he occupied in the staff list only after the
expiration of the one provided for in part one
of Art.
392 of the Labor Code of the Russian Federation of the term, the court is not entitled to refuse to restore the missed procedural term without examining the actual circumstances
of the case, which may serve as the basis for such restoration;

The dismissal
was carried out in compliance with the procedure established by law (paragraph 23 of the resolution of the Plenum of the Supreme Court of the Russian Federation
dated March 17, 2004 N 2).

paragraph 2
or 3 of part one
of this article is allowed if it is impossible to transfer the employee with his
written consent to another job available to the employer (both a vacant
position or a job corresponding to the employee’s qualifications, and a vacant
lower position or lower-paid job) that the employee can
perform considering his state of health.
At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that
he has in the given area.
The employer is obliged to offer vacancies in other localities , if it is provided for by the collective agreement, agreements, labor
contract.

Retrenchment is a completely legal and practically the most painless procedure for reducing staff in order to optimize the costs of an enterprise. For employees, it is relatively good in that they are entitled to statutory payments for the first time.

An additional plus is the obligation of the employer to notify the laid-off workers in advance. This is a good opportunity to take short courses for additional professional development or find a new job .

What is compensation

When reducing, the company has an obligation to its employee to pay him full compensation . The amount varies within two to three months salary , but again, provided that the employee during this period is not officially on the staff of another company. Compensation is not paid to part-time workers, since according to the law they are not unemployed and do not need benefits.

If the employer refused compensation, the employee has the right to go to court before the expiration of 3 months , since this payment is an important help to a citizen of the Russian Federation left without income, and non-payment is a violation of the Labor Code in force on the territory of Russia. The judge in such situations always takes the side of the worker . Therefore, the employer will be obliged to fully pay the due benefits, interest for the delay in these payments, and may have to compensate the dismissed person for the moral damage caused.

Reasons for the reduction

The removal of an employee from the state due to a reduction occurs either due to a decrease in the number of employees occupying one position, or the complete exclusion of a position from the staffing. Only after making all the necessary adjustments, you can start the process of dismissing employees. The order to reduce the employee is prepared in advance.

The document must contain the following items :

• the reason for the reduction;
• timing of implementation;
• start date of the new staffing table.

After the issuance of the order, all workers subject to redundancy must be officially notified. It is necessary to announce the dismissal to the employee in advance - 2 months in advance. With a large-scale reduction in the number of staff - for 3 months.

special difference between a reduction in the number of employees and a reduction in the staff as a whole , apart from a few small details. In any case, the result is the same - the number of employees has been reduced, and the company is almost painlessly changing its structure, while reducing its costs.

By number

This is a reduction in the number of specialists of one position in the staffing table to the minimum, in order to save the enterprise's funds. In this case, the management has a difficult task to decide who exactly will be fired, and who will remain and take on part of the work of the laid-off employee.

According to the Labor Code of the Russian Federation, more qualified and experienced employees should remain , but practice shows that managers are sometimes guided by other selection principles.

Whole state

Often during periods of prosperity, the company, feeling financially stable, recruits a large number of employees. At the time of the crisis and the decrease in profits, one of them becomes a ballast, which must be disposed of, first of all, quickly and painlessly. In this case, the employer has the option to reduce the number of employees at the enterprise , since it is very difficult to stay afloat at such moments and every penny saved is expensive.

Downsizing is an exception to the staffing position in general. This is the simplest dismissal scheme for an employer, since from the point of view of litigation, this option helps to avoid risks.

Notice of upcoming layoff

The duties of the manager also include notifying the Employment Center about the dismissal of employees with the provision of a complete list of those laid off . If there is a trade union at the enterprise, it should also be notified.

The employee must be aware that he is being laid off - no later than 2 months before the date of dismissal and then he has the right :

• choose from the vacancies offered by the employer;
• agree to accept the proposed position;
• leave before the end of the agreement and receive compensation;
• use the accumulated vacation days.

Pressure on an employee and ignoring his opinion by the employer is illegal and can be challenged in court. All employee rights must be respected in accordance with the labor code.

If the enterprise has a trade union to which the reduced employee paid a membership fee, the employer must, in accordance with all the rules, notify him and wait for a positive or negative answer.

Notification of the Employment Center is a prerequisite for reduction . The dismissed person has a chance to find a new job through the labor exchange and receive a monthly allowance if the search process drags on. In the absence of a timely notification from the employer of the employment service, he faces a fine in the amount of the annual income of the dismissed employee.

Payment terms

The reduction of an employee is the basis for making all legal payments due to him on the last working day :

• salary for the last month worked;
• accruals for unused vacation days;
• an allowance equal to the average wage and an additional payment in the same amount for the period until a new job is found.

If, after a two-month period, the dismissed person has not found a new job, he is paid an allowance for the third month in the amount of the average salary in Russia, but only if he is timely registered with the employment center, no later than two weeks after dismissal.

Accrual of all payments stops at the time of employment .

Existing size

The norms of the labor code establish specific amounts of compensation that the employer, upon dismissal of an employee, must pay in order to compensate him for forced downtime due to the period of looking for a new job .

funds are allocated in the following amounts :

• one-time payment upon dismissal equal to the average salary of the reduced;
• reimbursement of unused vacation days in monetary terms;
• if the contract states that the employee is entitled to an increased allowance, then this must certainly be taken into account in the calculations;
• in case of a long search for another job, the 2nd month is also paid in the amount of average earnings;
• for the period of the job search, the employee can count on additional assistance from the Employment Center in the amount equal to the average salary in Russia, which stops at the time of getting a new job.

How to calculate

The calculation of the amount of compensation is regulated by article 178 of the Labor Code of the Russian Federation.

When calculating, the last month of work of the dismissed person is taken as a basis and the number of days and hours worked during this period is considered in order to calculate the average wage per day.

The average value of calendar days in 2018 is 29.3 .

Calculation of the total number of calendar days for all months of the billing period:

(Number of calendar days of the month - Days not included in the calculation) * 29.3 / Number of calendar days of the month

Average daily earnings:

Amount of payments for the billing period / Calendar days for the billing period

The employee is paid wages for the month worked. In addition, in order to maintain it during the period of involuntary unemployment, the employer must make a lump sum payment equal to two months' salary.

If the dismissed person has unused vacation days , they are also compensated by the employer . In general, the entire 1 year worked is taken as the basis for calculations.

Compensation for unused vacation is calculated according to the following formula:

Compensation amount = Number of unused days * Average daily earnings

We bring to your attention a video that shows how to calculate compensation for unused vacation.

Taxing

The tax must be paid by the entire working population , carrying out their activities in the territory of Russia. In this case, the employer directly acts as a tax agent, monthly transferring the statutory percentage of the income of all employees of the enterprise to the treasury of the tax service.

Wages for the last month worked are taxed at the standard rate of 13% of the amount on the day of payment, since wages are income received in the Russian Federation.

Reduction payouts, such as severance pay in the amount of the average monthly salary and payments for the period of employment, are not taxed , if they do not exceed the amount of three months' salary .

When an employee is fired due to a misconduct , tax will be applied to the benefit. To do this, it is enough for the employer to justify the legality of the dismissal by providing all the necessary materials and evidence.

If the benefit exceeds the average monthly earnings, then the excess of the benefit is taxable. Compensation for unused vacation days is also subject to personal income tax .

Regulatory regulation

Labor legislation clearly prescribes the algorithm of relations between the employer and the employee. When reducing, it is also worth relying on the Labor Code of the Russian Federation.

Delaying payments to an employee on the day of dismissal is a serious violation and guarantees the employer an administrative penalty. Therefore, it is much more profitable for the company that the employee receives all payments due to him in full on the same day.

In order to avoid misunderstanding between the dismissed employee and the employer, it is worth paying special attention to the correct execution of all necessary documents , specifying the date of dismissal, the amount of payments, not forgetting to make a clause on the absence of claims against each other.

When paying compensation, it is important not to forget to pay the employee all the accumulated vacation days . Only those employees who have worked at the enterprise for at least 11 months can count on this payment.

If an employer violates the norms of the Labor Code of the Russian Federation in relation to a laid-off employee, then in the future he will be obliged to :

• reinstate an employee in a position;
• pay him a salary for forced absence from the workplace due to the fault of the employer;
• compensate him for the damages he has suffered.

The amount of moral damage must have reasonable limits , not exceeding the allowable amount, otherwise the court will reduce it at its discretion.

Compliance with all the rules established by the Labor Code of the Russian Federation when laying off employees will save the employer from many problems with the law . An employee should take a closer look at the Labor Code of the Russian Federation, so that in the event of an unfavorable outcome, he has an idea of ​​\u200b\u200bhow to defend his right to receive all payments due to him by law. This will help you calmly, without thinking about your daily bread, to look for another, more stable job.