With the reduction specialist is important to adhere to all legal requirements and procedures to make all payments, which by law is a specialist.And workers and employers should be aware that the reduction of staff in connection with the change of ownership is possible only after the procedure of re-registration of ownership of the ownership of the company.Dismissal on grounds of redundancy is not possible, if the employee is officially on sick leave, maternity leave, or the next.The law guarantees the protection of the rights of pregnant women, so they can not be dismissed on grounds of redundancy.With the reduction of staff dismissal shall not be:
- women raising a child under 3 year of age;
- official which single mothers with a child under 14 years of age;
- women dependent children which are officially recognized as disabled;
- other persons carrying out the above responsibilities.
employees who fall under the above category should be remembered that the head can reduce unit staff that they occupy.In this case, the employer offers to take another position or dismissal takes place by mutual agreement.
Before you give the employee a written notice of the reduction, personnel officers should give him the opportunity to move to another position.Refusal to move to a new job or consent of the employee must be in writing.With the reduction of personnel employer may offer the employee the transition to lower-paid position, and only the employee decides to accept it or not.For the employer, it is important to notify the employee in advance Waiting dismissal: the downsizing expert should be warned for 2 months, with the complete elimination of the company for 3 months.In case of violation of these terms, the employee has the right to file a lawsuit on the illegality of the procedure.The written notice an employee must sign and date.This date will be carried out a two-month report, after which the employee is to be made in the calculation of termination.If the employee refuses to sign the notification on the reduction, the employee of the personnel department must draw up a statement of refusal to sign this document has the same legal effect as a notice about the dismissal on grounds of redundancy.
If your enterprise has the trade union organization, the employer shall notify the mandatory trade union leader on the reduction in two months.Chairman of the trade union expresses its agreement or disagreement with this procedure.The law obliges the employer to inform about the forthcoming dismissal for redundancy employment center.
When an employee leaves to reduce the number of staff to be made the following payments:
- final payment of wages;
- compensation for unused vacation days;
- compensation in the amount of average earnings (severance pay).
All payments must be made on the last working day.When calculating an employee made redundant two-week working out at dismissal is not expected.In the workbook, handed out on the last working day should be made a record: "Dismissed (a) in connection with a reduction in staff."
Within 14 days after the dismissal of the employee is necessary to register with the Employment Center.This production guarantees its right to receive compensation from the former employer for 2 months in the amount of the average wage.If during this period the worker employed at a new job, the right to receive payment is lost.
Dismissal on grounds of redundancy - an unpleasant event, so it's important to know how to protect their rights.
