Reduction of production in many industries is a normal consequence of the global economic crisis.As a result, the owners of factories and enterprises are forced to significantly reduce staff.The procedure for the dismissal of workers must be carried out according to the rules.The employer is doing everything to then again the staff could get a proper job.
Step One
staff reduction should be documented.The employer shall issue an order, in which describes the total number of layoffs.Alleged new schedule of experts, according to which in the future is the work of the organization or company.It specifies the total number of employees following the reduction procedures as well as the date of introduction of the new timetable in place.On the company may be reduced by the number of workers of all categories, or certain professions.The weight reduction can be carried out only with the restructuring of the organization.In most cases, only 15-20% of the dismissed employees from the total number of staff.
employer is obliged to inform in advance the service of employment of the employees made redundant.When will the mass dismissal of personnel, send a letter to the Board of worth, not later than three months before the procedure.For 90 days you must notify the employment service if you plan to layoff for one month more than 50 employees, or more than 200 workers for three months.Is a massive reduction in the liquidation of the company or organization.Depending on the territorial and economic characteristics of a particular region can also be installed, and numerous other factors dismissal.Any deviation from accepted norms are approved by local authorities.
Step Two
Once the decision to reduce the staff decided once and for all, choose specialists who will be subject to dismissal.This rule must be observed benefits on leaving the workplace.Some employees may not be dismissed for a number of reasons.According to the Labour Code reductions may not touch women on maternity leave, employees with children up to three years, single mothers, to care for a minor child as well as others who care for the disabled or minors.
Article 179 of the labor code describes who can be granted a preferential right to remain in the workplace.Dismissal reduction in the least in respect of employees with great experience and high qualifications.High performance should be documented.An employer may not make a decision based on your own preferences.About specialist qualification may indicate factors such as the presence of higher education, a large number of decertified.Persons who have a degree or title, are subject to dismissal in the last turn.
If all the employees of the company have equal conditions, preference is given to employees who have more than one minor child.It can not produce a reduction of employees who have previously been injured or traumatized in the enterprise.Also, do not dismiss war veterans or other hostilities.
advantage may also be granted to persons who are the authors of any inventions.In government organizations and military units, preference is given to spouses of military personnel.Dismissal on reduction with regard to their last.Citizens discharged from military service and went to work, can not be deprived of his office first.They were also given a preferential right to remain in the workplace.
collective agreement specific organization can be described, and other professionals who may have an advantage when firing.The main of them are described in the Labour Code.The reduction must be carried out in accordance with all rules and regulations.
Step Three
employer must notify each employee who is subject to a reduction, in writing.All the nuances described in Part 2 of Article 180 of the Labour Code.Each comes sacking written to reduce employee.Also, the chief can report personally on receipt.It must be done no later than 2 months before the date of the upcoming layoffs.This allows the employee to find another decent job.
Often there are cases when workers refuse to put his signature under the order of contraction.In this case, the procedure is slightly more complicated.Employer has to send a letter of notification to the home address.In parallel, a special act of refusing employee familiar with the order of dismissal.If the employee subsequently go to court with the requirement to understand the grounds of dismissal, the employer will be able to seamlessly present all the necessary documents.The procedure for personnel reduction will be observed correctly.
Step Four
According to the Labor Code in reducing employee the employer must provide in writing his transfer to another job.Employment measures will help people who get laid off, get back to the relevant position in another organization.Such measures are only auxiliary.The employee has the right to refuse the offered job and find yourself another.In some cases, possible internal transfer.That is one expert enterprise is reduced to one post and goes to another.This must necessarily be composed of employees of the new schedule, and approved job descriptions.They describe the working conditions at the new workplace, as well as the nuances of wages.
The first person to be offered the position that corresponds to their qualifications.If not, could be offered the vacant position in the lower position.It should be borne in mind that the payment in this case will be somewhat lower.Can offer jobs that match the qualifications of the expert, as well as its state of health.
In that case, if the employee agrees to job offers as soon as possible transfer is made.Disclaimer positions shall be documented.It makes a special act, which shall be signed by the employee is required to facing redundancy.If the employer can not offer the position corresponding to the employee's qualifications, and is drawn up on the impossibility of transfer to another post.
It should be borne in mind that the reduction in personnel is possible only when it is impossible to translate into a similar position in another department.Failure to do so is a serious violation of the labor code and assumes the responsibility of the employer.To protect themselves from legal proceedings, the chief of the organization or enterprise should receive written refusal employee was contracted, for a transfer to another post.
Step Five
procedure for reducing employee who is a union member, is somewhat complicated.In accordance with the Labour Code the employer must send in a copy of the trade union organization, which is the basis for the forthcoming reduction.In addition, the project can be sent to the dismissal order.This procedure is performed one month after notification of the employee's dismissal by partial reduction and two months in a weight reduction.The trade union body may consider the issue not more than seven working days.Then it sent a written response to the recommendations.
Often there are cases where the union does not agree with the decision of the employer to reduce the particular employee.In this case, within three days after the written reply the parties shall meet and discuss the details.The results of this meeting are made in writing, and all the nuances of the negotiations entered into the protocol.Within ten days after the negotiations the employer has already taken a final decision.The procedure for the reduction in employee future happens all the rules.The employer's decision may be appealed to the state labor inspectorate.When a complaint is addressed within 10 working days.If the procedure was performed reducing illegal, an employee may be reinstated in his post.
If terminated the employment contract with an employee who has not yet reached the age of 18, in addition to trade union organization and the employer must notify the inspection rights of minors.Only after obtaining the consent of the organization, the employee may be reduced.
Step Six
With the written consent of the employee the employer has the right to prematurely terminate the contract of employment.The additional allowance is paid at reducing that meets the size of the salary for the remaining weekdays.Compensation is calculated in accordance with the job description of the staff member, as well as the number of operating hours before the date of dismissal.The procedure for dismissal before the term is performed in accordance with the third paragraph of Article 180 of the Labour Code.
employer makes an order for the termination of the employment contract.Must be met while reducing employee rights.Dismissal of employees during the period of temporary disability or stay in paid leave.An exception can only be a complete liquidation of the enterprise.In this case, the mass reduction occurs without notification of trade union organizations.
Each employee must be familiar with the order on the reduction no later than three working days from the date of its publication.The employee puts his signature in the appropriate protocol.He thus confirms that he was informed of the dismissal.Order Reduction certainly is logged on disposal.
Step Seven
employer is obliged to pay employees while reducing benefits.The calculation is made in accordance with Article 178 of the Labour Code.In addition, compensation is paid for any unused vacation days.If there is a termination of employment in connection with the liquidation of the enterprise or organization, the employee put the payment, which is equal to the average monthly wage.In addition, the worker retains the average monthly salary for the period of employment subject to recourse to the employment service.This payment can not go more than two months after the official termination.
The workbook specialists will receive a record of employment contract termination.It states the reasons for which a person was dismissed from the organization.Employees who were laid off, have a lot more benefits.They manage to find a faster paying jobs than those that quit their previous place of their own accord.All employment records are recorded in accordance with the rules for keeping and maintaining corporate documents № 255. specialists, as well as the issuance of his employment record made on the day of dismissal.If at this time there is no field workers, the calculation is made on demand.Once a person comes to the organization from which it was fired to reduce, it can make a claim for the calculation in writing.Benefit to reduce staff paid no later than the next business day.
Report on staff reductions
With the reduction of the employee the employer is required to notify the employment service that has made the procedure of dismissal.It must be done within 10 days after termination.During the late filing of the report on layoffs chief business or organization get any penalties.We'll have to pay the state a serious compensation is equal to the annual salary of the released personnel, details of which are not admitted to the employment service.Penalties can be imposed on individual entrepreneurs (natural persons), and the organizations (legal entities).
Often, the employer puts Employment records employee properly.This is done deliberately in order not to draw unnecessary documentation.The fact that the dismissal "as agreed" does not require notice Employment Service.At the same time dismissed employee receives exactly the same rights and reduction.
employer is obliged not only to timely submit a report on the reduction, but also to fill it properly.The document must be specified passport data of the employee, the name of his office, code of the profession in accordance with the Labour Code, the qualification level of the employee, his average monthly salary.Additionally, it may be stated education specialist.In the presence of his disability necessarily negotiated group.All of these data will help the employment service workers will choose the man dismissed suitable position.
report should be drawn up an employee who takes a leadership position, or his deputy.The document shall be certified by a wet seal and signature.
What to do when the employee reduction?
reduction of employees during the economic crisis - it is a normal procedure that should be ready each.Understand that the employee may be subject to dismissal, it is simple enough.One has only to imagine whether the production will suffer when people retire at his own request.If not, then the employer can easily cut it when you need them.Primarily dismiss those working informally.Therefore, everyone must strive to employment in accordance with all the rules of the Labor Code.
Often workers are faced with a proposal to write a letter to his superiors voluntary redundancy.This statement is by no means impossible to write.The benefits to the employer can be a huge number.No need to pay severance pay and fill a number of documents.The dismissal of an employee for redundancy - it is a long and laborious procedure.But the employee terminate the contract at will not be profitable.Not only that, the severance pay will not be able to get, so also benefits from the Employment Service will start only after three months of registration.
notifying employees about the reduction always comes in advance (no later than two months before the date of the upcoming dismissal).During this time, everyone has the opportunity to find a decent job.Besides, the employer is obliged to offer the job in another department, if it is vacant.Securities experts is always a price.Therefore it is necessary to do their work conscientiously, always to a good position.
summarize
staff reduction can take place without incidents, if the employer will implement it in accordance with the rules of the Labor Code.Do not despair, if you had to sign an order to dismiss.High qualification and experience are of great importance.A good worker always be able to find the right position.And to help in this are always welcome to come employment services specialists.
