Even the seemingly stable enterprise can be a situation when you need a serious reshuffle.This may be due to a decrease in output, change the range of products or conversion of enterprises in general.In this case, the need to reduce the state order, a model of which shall be drawn up taking into account all labor laws.
sequence of procedures
change in staffing can not be done in one day.Such a step must precede the entire procedure is a sequence of actions.So, you must:
- amend the existing staffing.
- issued an order approving the staffing levels.
- create an action committee, which will be closely involved in the procedure of the reduction of employees.
- Create an appropriate order on the reduction of the state, a model of which should reflect the real motivation for ongoing operations and contain information on setting up a working committee.
- Commission determines the list of employees to be dismissed.
- All employees of the established list shall be notified of the impending dismissal.If your company has a trade union committee, it must be within the statutory period to warn him about the upcoming activities and obtain consent.
- Notify employment center to conduct the upcoming events.
- ordered the dismissal separately for each employee from the compiled list.This may be a document in which each worker assigned a separate item.
- mark recording displaced workers in employment records and pay them severance pay.
Each of these items must be documented in compliance with all legal standards.
lists of employees to reduce
At this stage, you need to be very careful.After you have issued the order to reduce the staff, the sample list of workers need to be very carefully.Firstly, we must not forget the Labour Code.Articles 256 and 261 of the Labour Code prompt those who should be excluded from this list.Refers to:
- woman pregnant,
- women who are raising children under the age of 3 years,
- single mothers who have brought up children under 14 years of age (or children withpersons with disabilities under the age of 18 years),
- other persons also are raising children under 14 years of age (or disabled children under the age of 18 years).
also worth to remember that should not be included in such a list of those who are now officially on vacation or ill.Excluding all of these individuals make up the final order on the reduction of staff.The sample must be approved by its management, he agreed with the responsible persons and must conform to the standards of HR administration.
Actions Working Commission
Do not forget that for each stage has its own established state deadlines.They must be strictly adhered to ongoing activities have legal force.Once issued the order to reduce the staff, a copy of it is given to familiarize the staff.The Commission at that time should make and present a group of employees notice of their impending dismissal related to the reduction of their positions.The document should not just pass, and gain the signature of each employee that he is aware of the decision of management.There are times when people do not agree with the decision, refusing to sign any paper.They expect its refusal to cancel the evil effects.But the order was not retroactive.In such cases, workers must be received by the Commission as follows:
- make the act in the presence of witnesses to refuse to sign,
- send the document to the employee's home address by registered mail, arrange delivery with acknowledgment of receipt, along withblank enclosed in the envelope sent to the inventory of securities.
reduction process is always done with a purpose.There are only two reasons that may encourage the company to carry out this procedure:
1) Reduction for whatever reasons, the total number of employees.
2) The elimination of specific positions.
In the first case, issued an "Order on reduction in staff."This means that a team is being reorganized, as a result of which will be unnecessary specific staff positions.This fact is even reflected in the previous order, which specifically spelled out the names of those posts that should be withdrawn from the state.In itself, downsizing actually leads to a reduction in strength.The only exceptions are cases where instead of cutting introduced a completely new staff positions and titles.Keep in mind that you can eliminate the only "real" one.Conclusion vacancy or decrease the number of existing units of the reduction is not.
Features of contractile procedures
I must say that no matter whether the order is created to reduce the number, state, proper sample preparation of such a document is one in both cases.It should also be remembered that in any case, the employer would have to offer employees subject to reduction, others with his work at the moment.It is, of course, must comply with their professional qualifications and health.Offer must not only actual, but vacant units.There are times when none of the available positions of employees did not like, and in particular the employer has the right positions in other areas.He is obliged to offer it in the event that provided the labor contract (agreement) or recorded in the collective agreement of the enterprise.It would require the consent of the worker, expressed in writing.You can not force a person to change jobs and place of residence by force.
How to cancel the decision
There are cases where the final decision to reduce the number of employer receives solely because of the difficult financial situation and lack of orders, which give employees the opportunity to work at their jobs.Such a step is a necessary measure.For example, the standard procedure is done, the order of the reduction made, and all employees are notified of the impending dismissal.But suddenly the situation changes radically and management decides to abolish the emergency measures.What to do in this case: to dismiss all, and then take a job or to find another, more constructive solution?In this situation it would be correct to issue a special order, which will be discussed on the abolition of the order and the entire contractile procedures, including the dismissal of employees.This disposal must be clearly spelled out the reasons that prompted the leadership to take this step.In addition, it gives an indication of the service personnel to make appropriate adjustments in staffing, and the chief accountant - to fix the necessary documents.An employee subject to a reduction, must also be familiar with this document under the painting.