One of the controversial labor situations is to reduce the employee beyond his reasons.And this is quite time consuming process to go through so that the employee was not injured.The grounds for termination of employment can serve as a phrase "downsizing" or "reduction in the number of employees."The difference in these formulations insignificant.
If the company goes reducing the number of workers, the employer has the right to leave the workplace of employees, the most qualified.And this is understandable.In any case, the legitimate rights of workers when cutting, must be fully respected.
Before handing notice of reduction, it is necessary to analyze the situation, to compare the professional capabilities of employees.And only after that inform employees about its reduction.Moreover, it should be documented.
For each of the downsizing of workers preparing statement, which reflects all the information about his professionalism - for comparison.After the selected candidates for the continuation of employment, and candidates for reduction, created a special commission.It should consist of three people.In the presence of the company trade union organization, the commission must be enabled union members.After consideration of documents submitted to the downsizing, the Commission rightly advantages of leaving employees in the workplace, makes a decision.Then, a protocol that specifies the reason why there was a reduction of the employee.
Some categories of employees are a guarantee when going on reduction of staff.These include:
- Women in position;
- women raising children three years;
- Mother - loners, have on hand a disabled person - a child under 18, or a healthy child under 14 years of age;
- Other persons who are raising children without parents expressed above.
When the procedure comparison, the personal qualities such as organization, communication, commitment - are not included.All the emphasis is on the professional qualities of the employee, a positive influence on performance.
Reducing employee should not entail a conflict situation.There is a category of workers and employees that severance have a preferential right to remain at the workplace.It:
- workers whose families are two or more dependents.
- workers who are on staff development in the direction of the company;
- People with disabilities who participated in the fighting for the protection of their country, or disabled war veterans;
- workers, injured workers, or disease associated with the profession.
Once decided who remain on the job in accordance with pre-emptive rights, to make lists of employees to be dismissed.Further, the created order of dismissal reduction, which the employee must read and sign it.
also reduces worker can offer transfer to another place available at the employer.Translation carried out after written consent of the employee.Moreover, it is not the right to choose any vacant seat.Offer jobs must meet the qualifications of the employee.If the employer is unable to provide the kind of work, it can offer a lower-paid personnel and downstream, which corresponds to the state of his health.
If the reduction took place in violation of the employee, the person may apply to the court and to appeal wrongful dismissal.The defendant - the employer must prove that the procedure for reducing legal and carried out in compliance with existing rules.Otherwise, the employee must be reinstated to their former posts.
