Will the working pensioners be laid off? Seek a reasoned union opinion. What is abbreviation

The adoption of the law on the reduced reindexing of the size of pensions for employed (officially working) pensioners was rapid. They first started talking about him since September 2015, and in 2016, from February 1, the pensions of working pensioners were increased by only 4%, while the rest of the categories of pensioners, in fact, are not leading labor activity were increased by 7%. This law was promoted by the heads of the Ministry of Labor Maxim Topilin and the Ministry of Finance - Anton Siluanov. The argument was simple - if a citizen feels the opportunity to continue working even after reaching retirement age, and his earnings exceed those established in the region living wage- the size of his pension is not so important. Rather, it comes on the annual indexation of pensions.

The bill has more critics than those who approve of it. However, if you look at the situation from the point of view of the current economic situation, its introduction was justified. If the government has decided even on the Ministry of Internal Affairs apparatus (despite the fact that the latest global reform of the department dismissed about 20% of employees), then increase the size pension payments for those who, as conceived by the creators of the bill, have enough to live on - one of the ways to solve the acute shortage of money in the budget. After retirees officially employed in commercial organizations, pensions were not counted, many of them started talking about the fact that, most likely, a wave of redundancies should be expected in the near future. Will employers lay off working retirees in 2016? We tried to understand this issue, weighing all the pros and cons.

Should working pensioners expect redundancies in 2016?

As usual in such cases - one Moscow company that is engaged in clarifying public opinion... V in this case the conversation is about think tank Andrey Filippov "Globus-trust". The question of whether they are going to fire employed pensioners for any reason or without them was asked to the heads of large, medium and small enterprises. According to the published results, the balance of opinions was distributed as follows:

1. No, there are no plans to hold such events in the coming year - 56% interviewed entrepreneurs,
2. Yes, this issue may be raised on the agenda in the near future - 26% interviewed entrepreneurs,
3. I find it difficult to answer - 18% of interviewed entrepreneurs.

Points for and against"

The overwhelming majority of employers who have announced a possible reduction in the number of retirement age workers employed in their state said that the cuts, if any, have nothing to do with the bill canceling the increase in pensions for pensioners in formal work with a salary higher than the subsistence level. minimum. In their words, this measure (reduction) is common for all categories of workers and pensioners as a class do not represent the main goal. the main objective in this case - cost reduction, and the payroll is the most costly part in most enterprises.

Those entrepreneurs who categorically rejected the planned reduction in the number of pensioners in the near future, also said that if there are layoffs, they will be of a household, and not a mass character, since new law does not affect the conduct of business in the accounting department of the enterprise. At the same time, every third of the interviewed businessmen said that most likely in Russia in 2016 we should expect an increase in cases of transfer of pensioners to "black cash" or wages "in an envelope." So, according to the surveyed, employers will reduce the costs of insurance and tax payments, and retirees, fearing dismissal, will agree to an unofficial salary with the same salary.

Job loss is the most big problem, which may be caused by the financial and economic crisis. To get out of a difficult financial situation, organizations resort to optimizing the production process. As part of optimization, staff reductions are often made. Who can't be laid off for layoffs? What are the rights of a downsized employee? What is the responsibility of the management of the organization?

What is staff reduction?

Employees is a procedure for the abolition of positions (one or more), carried out in accordance with labor legislation. One of the methods for reducing units is to eliminate vacancies. The staffing table is the main piece of evidence confirming the fact that the number of employees is being cut. If the organization does not have a staffing table, then the payroll or list of employees can also act as a supporting document.

Legal reduction of staff

Russian labor legislation regulates the procedure and defines the grounds for the layoff of workers. So, the employer can lay off employees due to a decrease in the number of staff, reorganization or liquidation of the enterprise. In this case, the employer himself determines the optimal number of employees in the organization. According to the law, the employer is not obliged to justify the decision to dismiss the employee to lay off, however, formally, the procedure should be carried out on the basis of the Labor Code of the Russian Federation (Articles 82, 179, 180, 373). To dismiss an employee of an organization due to a reduction in the number of employees is possible only when the position he occupies is liquidated.

Wrongful downsizing

In practice, unlawful (imaginary) staff reductions are often encountered, which have no real reasons. This procedure is illegal. Employers resort to this method when they need to fire an employee, but there is no real reason for this. If the procedure for terminating contracts is carried out incorrectly or if it is not followed, the reduction is also considered illegal. In this case, the rights of the dismissed person can be defended in court. However, in practice, it is rather difficult to convict the wrongful actions of employers.

How to get laid off

This procedure consists of several stages.

1. The launch of the procedure for reducing the number of employees must be formally confirmed by an appropriate order and the approval of a new staffing table. In this case, the new schedule is approved before the start of the procedure itself. The dismissed will be those employees whose position is not preserved in the new staffing table.
2. regulates the next stage of the procedure. At least 2 months before the planned date of termination of employment contracts with employees, the employer must mandatory send a notification to writing to the trade union organization.
3. At least 2 months before the dismissal of employees due to staff layoff, the employer must also notify the local employment service in writing. The notification must indicate the position, specialty, profession and qualifications of each specific employee. The employment service must be informed about the planned reduction of the organization's staff at least 3 months in advance, if the procedure can provoke mass layoffs.
4. 2 months before the scheduled date, the employer must inform his employees about the reduction against signature. When an employee refuses to sign a warning, the HR department draws up an appropriate act.
5. The employer must offer employees an alternative - vacant positions in their own or other companies. If vacancies appear in the organization during the warning period, the employer must first offer them to employees who have been laid off. If vacancies appear in the organization within a two-month period, the manager notifies the downsized employees and in no case accepts new ones. When selecting vacancies, the qualifications and state of health of the employee must be taken into account. With his consent, the transfer procedure is launched. First of all, similar vacancies are offered. The management of the enterprise has the right to dismiss an employee without warning by prior agreement of the parties, which is drawn up in writing. In this case, the injured party is paid additional monetary compensation, the amount of which is not limited by law and depends only on the agreement on the spot.
6. The company's management publishes employees, where it indicates the date and reason for termination employment contract... Employees get acquainted with him against signature. If the employee refuses to sign the order, an appropriate act is drawn up.
7. Dismissed employees are counted on the last working day, issued work book with the corresponding entry. When firing union members, consideration should be given to motivated opinion this organization (Article 81 of the Labor Code of the Russian Federation, as well as 82 and 373). Dismissal of persons under 18 is allowed with the consent of the State Labor Inspectorate and the Commission for the Protection of the Rights of Minors.

Who shouldn't be fired

In Russian labor law, there is a list of those employees who cannot be dismissed due to staff reductions. Who can't be fired?

• Women with children under 3 years old.
• Women on parental leave (Labor Code of the Russian Federation, article 256).
• Single mothers with children under 14 years of age (if the child is disabled - under 18).
• Persons raising children no older than 14 years old without a mother (if a disabled child - up to 18, article 261 of the Labor Code of the Russian Federation).
• Employees of organizations on vacation or sick leave.
• Minors without the consent of the state labor inspectorate.

Also, according to the Labor Code of the Russian Federation (Article 256), parental leave can be granted until they reach the age of 3 at the request of the mother. The workplace and position in this case are reserved for the woman.

Can a pregnant woman be fired on the basis of a layoff? Such dismissal is considered illegal. As stated, dismissal is permissible only when the organization is liquidated.

The only exceptions are cases when the reduction takes place as part of the liquidation of the enterprise.

Who has the benefits

In addition to the list of those who cannot be dismissed due to staff reductions, the Labor Code also contains such a concept as “preemptive right”. According to Article 179 of the Labor Code, this right gives employees of organizations an advantage to retain their jobs while reducing staff, depending on the quality of their work duties or social reasons. These workers are the last to leave.

Priority rights are held by employees with high level qualifications and productivity. Work experience and education are also taken into account. Qualification must be confirmed by documents of completion educational institutions, certificates of advanced training, extracts from the protocols of commissions on the assignment of a category or category, etc. To assess the level of qualifications of employees, the management of enterprises can conduct certification, including unscheduled ones. However, the procedure for carrying out such attestations should be reflected in the internal documents of the organization. If all employees have equal qualifications and labor productivity, the manager makes a decision on dismissal together with the trade union organization.

Employees also have the preferential right to preserve their jobs:

• Containing two or more dependents (family circumstances).
• Who independently support their family (there is no other source of income other than the salary of this employee).
• Those who received injuries or occupational diseases from the employer conducting the layoff during the period of fulfillment of their labor obligations.
• Disabled combatants.
• Raising qualifications without interrupting the work process in the direction of the leadership.

V collective agreement other categories of employees may also be established with the pre-emptive right to retain their jobs.

Features of dismissal to reduce pensioners

Often, people who have reached retirement age also work in Russian organizations. However, age is not a reason for priority reduction. Article 179 of the Labor Code states that age can also be an employee's advantage, since it can be an indicator of high qualifications and productivity.

It says that pensioners should be provided with all guarantees and payments upon dismissal due to redundancy. Other interpretations of data legislative norms contradict the principles of equality of workers' rights and non-discrimination in the world of work.

Payments to laid-off workers on staff reductions

According to 140 upon termination labor relations with the employee, the management of the organization must settle with him and pay all the money due. Payments must be made after the employee has made a corresponding request no later than the next day.

If an employee is dismissed due to staff redundancy, he will definitely receive severance pay, the amount of which is equal to the average monthly earnings. The employee is paid severance pay for the period of two months during the search suitable job... This payment can be made in the third month, if the dismissed employee contacts the employment service within 14 days after the termination of the employment contract and does not find a suitable job.

Additional compensation is paid to employees who were laid off without warning and in agreement with the employer. The amount of the payment is determined by the amount of the average monthly earnings, calculated in proportion to the time remaining before the expiration of the warning about the reduction. Pensioners, as mentioned above, are paid all compensation, just like ordinary workers. The head, his deputies, the chief accountant are paid compensation in the amount of at least three average monthly salaries.

In addition, employees dismissed due to staff reductions are entitled to payment for days worked in the current month and compensation for unused vacation days.

The amount of the severance pay may be contested. In this situation, the organization pays the employee an uncontested portion of the amount. The rest is paid on the basis of an agreement between the employee and management, or by court order.

Alternative

An alternative to dismissing workers to lay off is the termination of labor relations by agreement of the parties. This is primarily beneficial for the employer, since he is exempted from the payment additional compensation and severance pay, the likelihood of appealing the procedure in court is minimized, there is no need to notify the trade union, employment service. In addition, the list of those who cannot be dismissed due to staff reductions is on this procedure does not apply.

Often, employers force their employees to leave for on their own... Thus, the employee is also deprived of the severance pay and compensation that he is entitled to in case of redundancy.

Employer's responsibility

Employers are liable for violations of the rules of procedure for laying off employees in case of downsizing. In case of violation of the terms of payments, in accordance with Article 236 of the labor law, the employer is obliged to reimburse, in addition to the entire amount of money due to the employee, interest that is at least one three hundredth of the refinancing rate Of the Central Bank Russia for every day of delay. The same sanctions are applied to employers in case of delay in payment of wages. If the employer does not fulfill the obligation to provide the dismissed employees with vacant positions at the enterprise, this threatens him with the payment of a fine in the amount of 5-50 minimum sizes wages in accordance with Article 5.27 of the Administrative Code.

What to do when cutting

If you were laid off on a layoff, what to do? You can apply to several authorities. To begin with, you can send a written application to the trade union organization of the enterprise. The union is obliged to respond to the complaint within a week. An unlawful lay-off incident may be reviewed by the Federal Labor Inspectorate and the Prosecutor's Office. If the labor inspectorate has not found any violations of the procedure, you can file a lawsuit. This can be done within 90 days from the moment the employee became aware of the violation of his labor rights... If the dismissed employee decided to challenge the termination of the employment contract, statement of claim must be submitted within 30 days from the date of issue of the work record book or a copy of the corresponding order. Unlawfully dismissed employees do not pay duties and other legal costs. If the layoff is recognized as illegal, the employee is reinstated at the previous workplace by the body that was authorized to consider the labor dispute. In this case, the employee is compensated for the average salary for the period of forced absence or the difference for the period of performing low-paid work, as well as moral damage.

Firing due to a reduction in the number of employees in the organization can affect everyone. Therefore, it is so important to know the list of those who cannot be dismissed due to staff reductions and who have the preferential right to keep their jobs. These issues are fully regulated by Russian labor law. The employer's decision to dismiss the layoff can be challenged both in judicial procedure, and when contacting the trade union, prosecutor's office, Federal Labor Inspectorate. Russian labor law regulates the rights of a dismissed person to lay off staff. If you have any difficulties, you should seek the help of a competent lawyer.

Today, during the crisis, many organizations are trying to staff, which means that almost every person has a chance to be unemployed. In order to find out whether the employer is acting lawfully in relation to the employee, you need to familiarize yourself with the labor code.

The employer has the right to dismiss an employee due to a reduction in staff at the enterprise only after graduation. Each of the employees must be notified of the release of this order. Persons who fall under the abbreviation must sign it. As a rule, in such a notification, the employer offers his employee other vacancies that he could take on this enterprise... To stay to work in this organization or not is up to everyone personally.

The employee must be notified of the layoff two months before the expected date of layoff. This can be explained simply - a person must find a job, since not everyone agrees to vacancies offered by a former employer. If we are talking about mass layoffs, then workers must be warned about this at least three months in advance.

After receiving, a person must work in the same conditions and receive the wages that he received up to that moment. During this time of work, the employer must offer the employee vacancies that are vacated at the enterprise. This must be documented.

Two months later, the person is fired and an order is drawn up to take the action. Information about this is entered in the work book, an order is signed, the employment contract is terminated between the parties.

Important! If the employee does not want to sign the notice, an act is drawn up, to which the notice of the reduction and the employee's refusal is attached.

When all orders are signed, the former employee must be paid all debts for wages, compensation for, if they were not out all the days. Also, after dismissal, a person receives a severance pay equal to his average monthly salary. Former employee has the right to receive a weekend allowance for up to two months, if he does not find a job. But a person will receive these funds in the event that he joins the employment service as unemployed no later than two weeks from the date of dismissal.

If desired, the employee has the right to terminate the contract earlier than two months later. The most important thing is to write the application correctly so that the employer cannot impose fines on you.

Who can be cut first

Probably, every person in the process of downsizing is worried and is trying with all his might to keep his job so as not to lose income. It is impossible to give any objective assessment of this question, since those people fall under the reduction job duties which can be performed by another employee.

As it shows, first of all, citizens who do not have specialized education and any benefits fall under dismissal. Also, when reducing staff, the following factors play an important role:

• Employee age
• Employee professionalism
• Personal decision of the employer
• Enterprise financing
• Family circumstances

By age

As a rule, people who are several years left before may be prematurely sent on leave due to their age. To send an employee to retire, you need to have at least 25 years of work experience for men and at least 20 years for women. And also a person must have the status of an unemployed.

If you read the labor code, then when reducing employees, one of the main factors is the level of qualifications, and the age of the employee does not play any role. But, unfortunately, in practice, the opposite is true, and people over 50 years old are the first to be laid off.

By skill level

Highly qualified staff has great advantage in front of ordinary workers with a reduction in staff. We are talking about the availability of a specialized higher education passing additional courses, different skills and skills. In addition, the employer can affect both theoretical knowledge and practical skills.

In order to identify the productivity of which of the employees is higher, you need to analyze the following aspects of work:

• Completion of assigned tasks
• The quality of the work performed
• Performance Analysis Results
• Disciplinary statements
• The amount of work performed compared to other employees

Repeatedly employers are faced with a situation when they need to choose between several employees who will be laid off and those who will remain at the enterprise. If their qualifications are the same, then he must choose a family man with children.

Several years ago they did not cut people with long work experience, today this rule does not apply to enterprises.

For personal reasons

The dismissal of an employee repeatedly occurs at his own request due to personal circumstances. There are several reasons for this:

• Close Relative Disease
• The illness of the worker himself
• Moving to another city
• Preparing your child for school
• Desire to change jobs

Settlement with an employee who quit is made on a common basis. Due to family circumstances, an employee can be fired immediately, without work.

Is it possible to dispute the reduction

In the event that the employer did not follow the procedure for redundancy, his decision can be appealed. To do this, you need to go to court and in case positive decision the employee will be returned to their previous position. But the question is different - whether he wants to work in such an organization, with such a leader.

The most important thing is not to miss out on when to apply. From the moment of dismissal, no more than thirty days should pass. In addition, you can write a letter to the prosecutor's office or labor inspectorate. The lost position is unlikely to be returned, but the employer will be fined easily.

Important! In order not to get laid off, the employer may offer to take refresher courses.

Who can't be laid off

If we are talking about the reduction of several people performing the same job duties, then some workers have advantages over others. Article 179 says that the following persons should be left at work in the first place:

In addition to these people, other workers can also apply for "special" conditions. But, as a rule, such provisions are spelled out in the employment contract. It should be noted that when an enterprise is liquidated, not all of these categories of citizens are not subject to reduction.

The process of staff reduction is a lengthy one, which implies many subtleties and pitfalls for both the employee and the employer. All issues related to the dismissal or layoff of an employee are controlled by the Labor Code of the Russian Federation.

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Labor legislation is well written, but in reality it happens that the heads of enterprises, especially private firms, do not want to comply with it because it is not profitable for them.

To answer

The crisis in Russia is getting worse: every day the number of unemployed is increasing by hundreds. Some companies declare their readiness to lay off up to a third of their staff or more, and separate production and close altogether. Are there “islands of safety” in the current labor market?

Even a timid person admits the scale of the problem official statistics... According to the Ministry of Labor, the number of unemployed in the country is approaching a million. By the beginning of February, the number of citizens registered with employment services increased by 2.2% - to 922 thousand people. At the same time, there is every reason to believe that in the near future the number of unemployed will grow at the same rate. At least the experts are sure of this: the chief economist of the Institute stock market and management Mikhail Belyaev believes that employment in all sectors of the economy in the first half of the year will fall by 10-15%.

Opinion

According to labor market experts, there are several industries that will feel relatively stable in the short term. Yulia Sakharova, a representative of the recruiting company HeadHunter, is confident that “this is defense industry, shipbuilding, mining, aircraft production, agriculture, transport infrastructure, inexpensive retail, inexpensive fast food, medical developments, pharmaceuticals and information Technology". The secret of their stability is in the presence of a government order or in maintaining consumer demand.

Layoffs are already taking place in almost every industry, regardless of the size or success of the company. For example, Rostelecom is going to fire every fifth member of its 150,000-strong team in three years, AvtoVAZ parted with 13,000 employees last year and is unlikely to stop there. On extreme measures many city-forming enterprises are also underway: the aircraft plant in Kumertau plans to increase the staff from 3.5 to 2.8 thousand, the Bugulma Electric Pump Plant will release 602 employees, or more than 60% of the total staff.

In fact, many industries that were once the pride of Soviet industry are no longer being serious employers. So, the Volgograd "Khimprom" sends 88 people to the street, the Tverskoy carriage building - 2 thousand, the next wave of layoffs is started by the Ulyanovsk Automobile Plant: in December, UAZ itself and its "daughters" laid off 600 people, during January-February about 350 workers should leave , in April - almost 2.5 thousand. And this despite the fact that today OJSC employs 8 thousand citizens.

An alternative to mass layoffs is a temporary, or even a complete shutdown of the enterprise. Plant General motors will stop in Shushary from March 23 to May 15. Novocherkassk Electric Locomotive Plant released employees on leave of indefinite duration from February 1, Taganrog Krasny Kotelshchik is working in the part day... The situation with the former employees of the Chelyabinsk and Krasnoyarsk branches of the Baltika brewing company is much worse - they were sent home due to the closure of the factories. The management of the Rostov Civil Aviation Plant does not exclude the liquidation of the enterprise.

Interestingly, so far there has not been social outrage, similar to those that occurred in Pikalyov six years ago, when the laid-off workers of the city-forming factories blocked the federal highway and made the head of state appear in the city. Nevertheless, certain prerequisites for serious unrest have already been outlined. Employees of some enterprises, according to our information, wrote letters to the President of Russia, where they did not hesitate to describe the likely consequences of their dismissal. Let's see if that helps keep them in jobs. If not, then surely there will be others willing to remind the authorities of the votes cast. After all, next in line are serious reductions in the FSB, the Ministry of Internal Affairs, the Federal Drug Control Service and the FMS. Going out into the streets of security officials who have lost their jobs can lead to consequences, next to which Pikalyovo will seem like a children's matinee.

They are losing their jobs not only in Russia. The American corporation Coca-Cola announced its intention to carry out the largest staff reduction in the past 15 years. In total, up to 2 thousand people around the world will lose their jobs. However, the company's staff will still not lose much: the total number now exceeds 130 thousand people.

If you are cut, do not panic! You can always find optimal solution and not to become a victim of the "cunning" bosses, who really do not want to pay you severance pay when they leave. Everyone who works needs to know that Labor Code upon redundancy, the employer is obliged:

1. Notify you of the date at least two months in advance reduction by notice... By signing it, you continue to work until the specified date.

2. During the period of your work, up to dismissal, offer available vacancies in the state , appropriate to your qualifications.

3. Pay monetary compensation . In addition to the severance pay, you must be paid compensation for unused vacation.

4. State the reason staff reduction. The order to reduce the number or staff of employees must be issued at least 2 months before the expected start of layoffs. It must clearly indicate the reason for the reduction (part 2 of article 73 of the RF Labor Code, article 180 of the RF Labor Code). The employer is obliged to familiarize employees with the order against signature. If the authorities do not provide an explanation for the dismissal, the court may recognize the dismissal as illegal.
The employer can dismiss the employee with his written consent and without warning 2 months in advance, but with the simultaneous payment of compensation in the amount of two months' average earnings.

Whom do they not have the right to lay off?

The employer does not have the right to fire an employee who is on sick leave, regular or maternity leave.

By law, they cannot be dismissed:

Pregnant women (except in cases of liquidation of the organization);
- women with children under the age of 3;
- single mothers raising a child under the age of 14 (or a disabled child under 18);
- other persons raising children of this age without a mother (Article 261 of the Labor Code of the Russian Federation).

Who enjoys the preferential right to keep a job in case of layoffs?

The preferential right to preserve the workplace is enjoyed by: persons with higher labor productivity and qualifications (documented). With equal labor productivity and qualifications, preference is given to:
- family staff (if there are 2 or more dependents);
- persons in whose family there are no other workers with independent earnings;
- to workers who have received a work injury in this organization or Occupational Illness;
- disabled people of the Great Patriotic War;
- disabled people fighting to defend the Fatherland;
- employees who improve their qualifications in the direction of the employer on the job.

A dependent is considered by law:
1. Children, brothers, sisters and grandchildren: - under 18 years of age; - students on full-time v educational institutions of all types and types, with the exception of institutions additional education but not older than 23 years; - those who have become disabled before the age of 18 and have limited ability to work; - recognized as disabled in the absence of able-bodied parents.
2. One of the parents, spouse, grandfather or grandmother, regardless of age, brother, sister, child who has reached the age of 18, if they do not work, but are busy looking after children, brothers, sisters, grandchildren under 14 years of age.
3. Parents and spouse, if they have reached the age of 55 (for women) or 60 (for men), or are disabled and have limited working capacity.
4. Grandfather and grandmother who have reached retirement age or are disabled with limited working capacity and the absence of persons obliged by law to support them (Art. 9 of the Law. "On labor pensions in the Russian Federation").

What is the job of a laid-off worker?

The company owes a downsized employee
1. Hand out severance pay in the amount of average monthly earnings;
2. To keep the average monthly earnings for the employee for the subsequent period of employment (but not longer than 2 months and with the offset of the severance pay);
3. If the employment service was unable to find a job for him within 2 weeks after the employee was fired from the enterprise, keep the average monthly earnings for another month. Note: Upon termination of the employment contract, the payment of all amounts is made on the day of dismissal. If the employee did not work on the day of dismissal, he must receive the money the next day. In the event of a dispute over the amount of payments, the employer is obliged to pay the employee an uncontested amount.
4. The work book with the appropriate entries must be handed over on the day of dismissal. The maximum delay permitted by law is no more than three business days. It is possible that, at the request of the dismissed, the work book is sent by registered by post with notification to the address indicated in the employee's application.
Note: At the written request of the employee, the employer is obliged to provide the dismissed with duly certified copies of documents.

It is advisable that you register at the city (district) employment center at the place of permanent residence within two weeks from the date of dismissal, then you can receive the maximum unemployment benefit at the labor exchange is 3080 rubles.

To register with you you need to have:

- passport;

- work book or documents replacing it;

- a document on education or another, certifying your professional qualifications; - a certificate of average earnings for the last three months at the last place of work.
Check in advance - sometimes the labor exchange requires data not only on familiar form NDFL-2!