Reduction of an employee of pre-retirement age. How employees are compared. Legislative nuances in the reduction of pensioners

Reduction of the worker before retirement age has its own characteristics, since this category has a number of benefits. One of the benefits is the priority right, which in some cases allows you to get a new job. Latest news say that people of pre-retirement age will become one of the most protected categories in case of dismissal or reduction.

Legislation and regulatory framework

Pre-retirement age includes a period of 5 years before full retirement. Currently, retirement is carried out at 55 and 60 years, but with an increase in the retirement age, the dates will shift. At the same time, the pre-retirement period will remain the same.

Important! In 2018, an employee with a pre-retirement age does not have a preferential right only by age category. The advantage is the experience and qualifications of the employee, as well as the level of productivity.

At standard version reductions, the employer will prefer to keep a younger specialist at work, but by law, experience gives a significant advantage over other employees. For this reason, priority in case of equal qualifications will go to a person of pre-retirement age who has significant length of service and work experience. Violation this rule an employer can lead to the reinstatement of an employee in a position if he goes to court or the labor inspectorate.

In accordance with the regulations of 2018, the reduction of employees of the pre-retirement year is regulated by general rules. The only full-fledged benefit is the possibility of early retirement, but this will require many conditions to be met:

• be officially unemployed;
• not be able to find a job, which is confirmed by the documents of the employment center;
• there should be a maximum of two years left before retirement;
• there are 30 points for the accumulative system;
• minimum experience of 25 and 20 years for men and women, respectively.

Important! All norms for the reduction and dismissal of workers of pre-retirement age for this moment(2018) do not differ from other non-beneficial categories of employees.

It is worth considering that with an increase in the retirement age, a special provision will begin to operate, which will lead to an increase in state guarantees for people of pre-retirement age, including regarding labor relations.

Introduction of the PPV provision in 2019

On January 1, 2019, the pension reform will begin, which regulates the gradual increase in the retirement age. Along with it, the provision of PPV (pre-retirement age) is introduced, which provides additional social and state guarantees to all persons who are within 5 years of retirement.

Introduced items and changes:

• the establishment of administrative and criminal liability for the employer for dismissal or refusal to hire, that is, it will not be possible to reduce the employee of the PPV. An exception will be liquidation, as for other preferential categories;
• organizations will be able to receive additional stimulating quotas from the state for hiring PPV persons;
• PPV employees will be able to undergo retraining or improve their qualifications through government programs which are financed from the federal type budget;
• Unemployment benefits for persons in the PPV, if a new job has not been found, will have an increased amount (11,280 rubles per month against 4,900 rubles for the rest of the unemployed).

All items will be introduced only from January 1, 2019. It is worth considering that an additional system of benefits for people of pre-retirement age will be developed, based on the fact that they will become a category with state guarantees.

It is also possible that a number of paragraphs from the provision will be modified. For example, whether full-fledged guarantees will be established in the future, as for the privileged protected category, or only state support in the form of an established provision will be used for PPV persons. At the moment, it is only planned to introduce a provision that will support individuals during the period of raising the retirement age.

All these points will lead to the fact that it will be possible to dismiss an employee of the PPV only in a few cases:

• full liquidation of the organization and subsequent reduction;
• dismissal for own will employee
• dismissal under an article, for example, in case of violation of security rules or loss of confidence due to numerous violations;
• with other statutory options. An example, the exit of the main employee from the decree.

Compared with existing rules employees of pre-retirement age will become more protected from dismissal and reduction after the introduction of the provision, that is, it will no longer be possible to reduce them according to the current (general) rules.

reduction process

The reduction process for 2018 for an employee of the PPV is established by general rules, that is, an employee can be reduced according to standard conditions. At the moment, you can lay off an employee for several reasons:

• liquidation;
• downsizing;
• downsizing.

Important! The reduction process has a standard form, which is regulated for all categories.

After issuing the order and notifying the employee, all regulatory authorities, including the trade union, must be notified from which permission must be obtained if the employee is a member of a trade union organization. also in without fail together with the employee, the employment center is notified.

Sample employment center notification of layoffs _Page_1

Sample job center notification of layoffs _Page_2

It is worth considering that early reduction is also available for an employee of pre-retirement age, as well as for other employees. In this case, compensation must be paid, which is equal to the product of the average daily earnings and days of the unworked type until the actual date of reduction.

Depending on the type of reduction, the PPV employee must be notified 2 or three months before the date of dismissal. During this time, he needs to offer all possible vacancies that are suitable for qualifications, including at a rate of 0.5.

Important! If the actual date of dismissal coincides with vacation or sick leave, then the employer needs to wait for the employee to return to workplace and then cut back.

On the last working day, a full-fledged settlement is made with the employee, which is usual for any employees when they are reduced.

Any violation during the reduction can be appealed within 1 month after the reduction. Upon a court decision, the employee will be reinstated in his position. The most frequent case of violations is the incorrect consideration of the preemptive right by qualifications and experience. The employer must take into account that the consideration of candidates for layoffs and the provision of new positions should not depend on age. It depends only on benefits, as well as on the general performance characteristics of the employee, including qualifications and length of service.

Nuances

The main nuance is the possibility of the employee's exit after the reduction to early retirement. If a PPV employee leaves of his own free will, then early retirement is not possible, but with any reduction option, it is possible, if all conditions are met, to receive early retirement. To do this, you need to fulfill all the requirements. The highlights of this procedure are:

• experience must be at least 20 and 25 years for women and men. It does not matter whether there was an interruption of experience or not;
• it is possible to retire only with the remaining period of two years. If there is a period of two years and several days, then the procedure is impossible;
• you need to get permission from the employment center. This is possible only if you are unemployed. It is also required to take an active part in the job search. An important point is timely registration, which is carried out within two weeks after the date of reduction, including early;
• you will need to submit all documents to the pension office at the place of registration.

Important! The period of stay on unemployment benefits for people of pre-retirement age differs from the usual unemployed. For each additional year in excess of 25 years, two weeks of additional payment time is assigned. For example, if the usual payment period is 12 months, then a person who has a service of 27 years can receive benefits for 13 months.

In 2018, persons of pre-retirement age do not have special benefits that affect the contraction process. In 2019, new rules will be introduced in accordance with the regulation. This provision will give additional guarantees of employment and labor relations to the category of workers in the PPV. The main point after the reduction of the PPV employee is the possibility of receiving an early pension if the employment center could not find a job for him.

The downsizing employee does not have an obligation to his employer in the work required for other options for dismissal. The period of mandatory work before reduction, which, as a rule, is two weeks for a person who has fulfilled all the conditions of an employment contract, in accordance with the current legislation of our country, is automatically canceled.

Pensions in 2018

The employer has the right not to conduct certification if, according to the order, the only staff unit of the unit is reduced. For example, a pensioner is the only storekeeper in the company. Due to the change in the structure, the company's warehouse is liquidated, the position of the storekeeper is reduced. Performance appraisal is not required in this case.

Dismissal of a pensioner for reduction

If desired, the employer has the right to increase the amount of compensation for the reduction of pensioners. The employee will be notified of this in advance. Such a change in the amount of payments compared to the legislative level can be reflected in local acts enterprises. Otherwise, the employer will have to pay additional tax on these payments, and not reduce income by their size, since they will not have a legal basis.

Reduction of pensioners with downsizing

Thus, the dismissal of a pensioner during a reduction in staff is not much different from the dismissal of an ordinary employee, with the exception of a few nuances - for certain categories of people who have reached retirement age (disabled people, combatants and other categories provided for by a collective agreement).

Will working pensioners be laid off?

— Most of all, I was struck by the fact that the proposed bill is not supported by any financial and economic justification. It's not serious, it's just nonsense! How can the government propose changes to the state budget, which supposedly should save something on pension costs, and at the same time not give any figures!

Dismissal of a pensioner to reduce staff: instructions and registration

Answer: Indeed, some managers use this method to get rid of older employees. However, this is not legal. Therefore, if you find yourself in a similar situation, challenge the reduction in court. To do this, you need to file a claim and a document with a list of laid-off workers. If most of them really turn out to be citizens of retirement age, then the employee who filed a lawsuit will be reinstated, and the management will be held accountable.

Dismissal of a pensioner due to staff reduction

Previously, in legal practice, there were rules that made it possible to reduce pensioners due to the acquired pension rights. But since 1992, the onset of a certain age for an employee cannot serve as a reason for the dismissal of a pensioner for reduction (with the exception of certain professional categories). Some employers during the reduction of staff are guided by the fact that pensioners are a relatively protected category of citizens in relation to other workers, since they have a different type of income. But this is contrary to the norms of the law and can be interpreted as non-compliance with the principle of equality of rights and opportunities for employees (part 1 of article 2 of the Labor Code of the Russian Federation) and discrimination of a certain category of employees (Article 3 of the Labor Code of the Russian Federation).

Dismissal of a pensioner in 2018: the rights of an employee and an employer

Getting a job, a person is interested in the working relationship being established for a long time. Conclusion fixed-term contract will be a convenient way to get rid of a retired employee who will not be well protected socially and legally, which is why this form of employment relationship is permissible only with the voluntary consent of the person applying for a job. At the same time, the employer should be aware that the unlawful conclusion of a fixed-term contract is easily appealed to judicial order, based on article 77 of the Labor Code of the Russian Federation.

Dismissal of a pensioner during staff reduction in 2018

Despite the fact that employees of retirement age already have one of the state guarantees, namely a pension, as compensation for their many years of work, this category is also entitled to other benefits, as well as rights that must be respected regardless of the circumstances of the state optimization.

Reduction of a pensioner from a permanent job

The main disputes during the reduction of a pensioner arise regarding his right to receive compensation for the third month after dismissal (for people who worked in the regions of the Far North - for the fourth, fifth and sixth). The specified compensation is assigned to unemployed citizens by decision of the employment service.

Features of the procedure for reducing pensioners: rights, benefits and the procedure for dismissal of this category

Pay attention to everyone individuals who have reached retirement age to the fact that they have such an opportunity as a transfer to another position. The employer offers a new job to laid-off employees, but whether to accept such an offer is already a personal matter for everyone.

Pensions will be reduced for working pensioners for three years

In turn, the deputy director of the Institute social analysis and Forecasting RANEPA Yuri Gorlin believes that the forecast of the Ministry of Economic Development is too optimistic. In his opinion, the decision to deprive working pensioners of indexation was ill-conceived and unfair.

Legislative nuances in the reduction of pensioners

In accordance with the explanation of the employment service of October 27, 2005 No. 1754-61, the employment authorities have no grounds for making a negative decision on the appointment of benefits to pensioners in the amount of the average monthly income within the 3rd month from the date of dismissal.

Reduction of pensioners during the reduction of staff in 2017

Article 178 of the Labor Code of the Russian Federation regulates the list of payments that each employee must receive upon reduction. Since no additional restrictions or benefits have been established for pensioners upon dismissal, the question should not arise what payments are due upon dismissal of a pensioner for reduction. For all downsized employees, the severance pay will be the same amount, calculated from the amount of their monetary remuneration.

What payments are due to working pensioners upon dismissal due to redundancy

But if a citizen ignores the proposal to register with the employment service, he will receive lump sum severance pay instead of the legal two months of pay (northerners will receive benefits for two months instead of three); and possible compensations, rewards, rewards for past merits are accrued at the discretion of the administration.

For some citizens, the question is important, who is laid off in the first place when the state is reduced? To find out what these categories of workers are, you first need to find out who should not be fired in any case and how is the selection of those whom the organization no longer needs?

The procedure for layoffs for downsizing

To terminate the employment relationship with some employees for the head is sometimes the only way to avoid bankruptcy. At the same time, there is an opportunity not only to stay afloat, but also to choose the most worthy candidates. The dismissal will take place on the basis of part 2 of the 81st article of the Labor Code of the Russian Federation.

When deciding to reduce the staff, the boss selects those with whom he can part without harming the organization, a notification is created that they will soon be fired. Employees should familiarize themselves with this information no later than 2 months before the upcoming process.

At the same time, the head must notify the central office that there will soon be an influx of unemployed, and if there are massive layoffs, then the labor exchange is informed 3 months in advance.

Throughout this period, in return for the position removed from the staff list, the employee who has fallen under the reduction should be offered other free vacancies for which he has enough qualifications and experience. Workers can refuse jobs an unlimited number of times.

Any employee has the right to quit earlier than the appointed date, while he must be paid a certain compensation for the early termination of the employment contract.

Oddly enough, not all workers are interested in information on how not to get laid off.

It is precisely because of the increased payments for 2 or 3 months, on the contrary, that many are wondering how to get cut. Also, the desire to be laid off often arises among persons who have repeatedly violated the terms of the employment contract, thus, having fallen under the reduction, he will avoid the likely dismissal under the article.

Who can't be cut

The boss must be aware of who in no case should be reduced. If you terminate the employment contract with these categories of people, the employer can seriously harm his own career.

The following employees are insured against layoffs at the legislative level:

1. Pregnant women and those who are on maternity leave.
2. Single mothers raising children under 14 or a disabled person under 18. This also includes single fathers.
3. Employees with many children, that is, those who have 3 or more children.

In addition, those employees who have more than high level qualifications compared to other workers or those with high labor productivity.

Important! While any of the employees is on vacation or is temporarily disabled, they do not have the right to reduce it. In addition, those who are sent for advanced training are also not considered to be subject to reduction.

Who can be cut?

Other categories of workers also benefit from layoffs. After those categories are excluded from the list of persons whom they would like to dismiss, those categories with which it is not possible to terminate the contract at the moment, they check whether there are any persons among the candidates for layoffs who need to be left if their level of qualification and experience is not lower than other's.

These workers include:

1. Inventors. The benefit to the state must be patented, regardless of whether the result of inventions is ready or under development.
2. Military personnel of the Russian Federation who changed their activities for the first time.
3. Disabled due to combat.
4. Mothers and spouses of military personnel.
5. Those who have at least 2 dependents. Not only minors are taken into account, but also older relatives who have lost their ability to work.
6. The only breadwinners of the family.
7. Those who have available Occupational Illness or the fact of injury at the enterprise is established.

In addition, those workers who are registered as orphans cannot be fired until they are 23 years old.

It is important for those who are laid off to remember that immediately after dismissal, they must contact the Employment Center so that in case of unemployment, they are paid compensation within three months.

Who gets laid off first?

If you ask yourself the question of who gets laid off in the first place, then the answer will be obvious. Most likely, those who produce the lowest results in terms of labor productivity or who do not have sufficient qualifications for further work. It is necessary to make a comparison in equal conditions for all employees, while it is necessary to take employees in the same position.

In some organizations, the practice of laying off pensioners is practiced, since in some enterprises their productivity drops significantly. However, in those organizations that require a lot of experience, that is, mental work, on the contrary, those who have been in this position for a long time will be left, even if the employee has long stepped over the pre-retirement age.

For reference! According to Part 1 of Art. 42 of the Labor Code of Ukraine, the categories of citizens who cannot be fired and who enjoy the advantage are the same as in the Labor Code of the Russian Federation.

How to dispute an unfair reduction?

If the worker was laid off illegally, or the procedure for terminating the employment contract was violated, it is necessary to protect your rights. You can contact at least three organizations:

• prosecutor's office;
• court;
• labor inspection.

The deadlines for applying to the labor inspectorate are not limited, other authorities can only be contacted within 30 days after the reduction.

When writing a complaint or lawsuit, you must provide evidence of illegal reduction. First of all, these are documents confirming the benefit, for example, a certificate of family composition, which indicates that the employee is a single mother, or provide a medical certificate that the employee has received an occupational disease while working at the enterprise.

The manager will be obliged to reinstate the employee in his position, as well as impose penalties on him. In addition, compensation for non-pecuniary damage can be claimed in court if, for example, due to the loss of a job and the worries associated with this situation, the worker's health has deteriorated sharply.

Let's consider:

• What category of workers does not fall under staff reductions.
• Under what conditions does an employee have the benefits of retaining a job.

The topic is small and simple, but important for understanding and assimilation. I do not urge you to cram what is written below, but you need to read and understand, believe me, this information will come in handy more than once in your work and in life. Ready? Let's get started!

Who can't be fired for redundancy?

Sometimes a cut is inevitable. But even in this case, the employer does not have the right to lay off some employees. Who, when and why has special rights and "privileges" in case of downsizing?

We recently wrote about what rights an employee has if a company makes redundancies, and how these rights can be defended: What you need to know about layoffs due to redundancy? But some workers have special "privileges" when they reduce staff or headcount.

Simply put, the employer generally does not have the right to fire them for redundancy. True, the workers themselves are often unaware that they have any special rights. Therefore, before you get upset about the upcoming layoff, you first need to make sure that you really do not have any benefits, and the employer has the right to cut you.

Of course, each case is individual, and sometimes it is more profitable to "reduce", look for new job and in parallel receive financial compensation from the previous employer. But situations are different, and knowing your rights, in any case, is useful.

So, which employees are considered "irreducible" under Russian law? All of them are listed in the Labor Code.

"Irreducible" workers

By the way, not only individual positions, but also entire divisions, divisions, departments can fall under staff reduction. The employer has every right to do this. But, in any case, during the reduction, the rights of employees must be respected, and those who cannot be reduced must remain in the company. If it is planned to reduce the entire unit, then the "non-reducible" employees should be transferred to other departments of the organization.

The employer does not have the right to dismiss the following categories of employees due to layoffs:

1. employees who are temporarily disabled - part 6 of article 81 of the Labor Code of the Russian Federation (medical certificates will be required to confirm disability);
2. employees who are guaranteed to keep their jobs during their absence. For example, this includes women on parental leave (part 4 of article 256 of the Labor Code of the Russian Federation), as well as other employees on vacation (this includes the most different types vacations: educational, basic leave, additional, leave without pay);
3. pregnant women (an exception is the case when the entire enterprise is completely liquidated) - on the basis of Article 261 of the Labor Code of the Russian Federation;
4. women raising children under the age of three; single mothers raising a child under the age of 14 or a disabled child under 18, and other persons (this includes guardians, foster parents, etc.) who are raising such children without a mother (an exception to this rule is, again the liquidation of an enterprise or the commission of guilty actions by these persons) - on the basis of Article 261 of the Labor Code of the Russian Federation;
5. members of trade unions (their rights are described in paragraphs 2, 3 and 5 of Article 81 of the Labor Code of the Russian Federation);
6. representatives of workers who conduct collective bargaining;
7. participants in the resolution of collective disputes.

If an employee belongs to any of these categories and was, nevertheless, fired on a reduction, reinstatement through the court is easy, one might say, almost “automatically”.

Employees with "perks"

In addition to workers who cannot be laid off, there are also workers who have advantages over their colleagues. First of all, this applies to a situation where the employer is forced to cut one of two identical positions. For example, out of two accountants working with the “bank, cash desk” section, only one should remain. Whom to choose for reduction? It would seem that the choice depends entirely on the employer. But it is not so.

Labor Code prescribes to the employer whom he should “sacrifice” last. This information is contained in article 179 of the Labor Code of the Russian Federation. If there are two identical positions, then employees with higher labor productivity and higher qualifications should be left in the company.

What if the productivity and qualifications of employees are equal? In this case, the employer must take into account other factors. Of the two employees, one of which is subject to reduction, the right to remain in the organization has:

1. employees who have a family with two or more dependents;
2. employees whose families do not have other self-employed workers;
3. employees who received an industrial injury or occupational disease during the period of work with this employer;
4. employees who improve their skills in the direction of the employer on the job;
5. invalids of military operations for the defense of the Fatherland.

So, the Labor Code does not proceed from the fact that “in the face of layoffs” all employees are equal. There are employees who should not be laid off, as well as those who should be laid off only as a last resort. If you belong to one of these categories, you should not forget about your rights.

And if you are not among the “privileged” and you have every right to be laid off? In this case, the employer must pay the employees sufficient monetary compensation.

Source: http://www.zarplata.ru/a-id-32187.html

Who can't be fired due to layoffs?

Before making changes to the staffing table, the manager must make a choice of whom he can and should leave in the workplace, and who will have to leave. The criterion for this is not only an indicator of efficiency, but legally defined norms. There are workers who cannot be fired by law, as well as those who have a preferential right to the workplace.

The following categories of citizens cannot be dismissed due to a reduction in the number and staff of employees (Article 261 of the Labor Code of the Russian Federation):

• pregnant women,
• women with children under the age of three
• single mothers raising a child under the age of 14 (a child with a disability - under 18),
• other persons raising these children without a mother.

The following categories of citizens have the preferential right to a workplace during the reduction of employees of the organization (Article 179 of the Labor Code of the Russian Federation):

workers with higher labor productivity and documented qualifications (data on the fulfillment of production standards, on the quality of work, a diploma of higher professional education, obtaining a second education, having degree, academic title, etc.)
with equal labor productivity and qualifications, the following have an advantage:

• family if there are two or more disabled family members on full content employee;

The following are considered disabled:

• children, brothers, sisters and grandchildren under the age of 18 or studying full-time in educational institutions regardless of their organizational legal form. Exceptions are institutions additional education. The norm is valid until the end of such training, and until the age of 23 years. Children, brothers, sisters and grandchildren older than this age, if they became disabled before the age of 18 and have limited ability to work. At the same time, brothers, sisters and grandchildren are recognized as disabled members of the family, provided that they do not have able-bodied parents;
• one of the parents or spouse, grandfather or grandmother, regardless of age and ability to work. A brother, sister or child who has reached the age of 18, if they are engaged in caring for children, brothers, sisters or grandchildren who have not reached the age of 14 and do not work;
• parents and spouse, if they have reached the age of 60 or 55 (men and women, respectively) or are disabled with limited ability to work;
• grandparents, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled with limited ability to labor activity, in the absence of persons who, in accordance with the law Russian Federation are obliged to maintain them (Article 9 of the Law of the Russian Federation “On labor pensions In Russian federation");
• persons in whose family there are no other self-employed workers;
• employees who have received a work injury or occupational disease in this organization;
• disabled people of the Great Patriotic War and military operations to defend the Fatherland;
• employees who improve their qualifications in the direction of the employer on the job;
• other categories of employees provided for by the collective agreement.

In addition, persons specified in federal laws have the preferential right to be left at work:

1. authors of inventions (Article 35 of the Law of the USSR dated May 31, 1991 No. 2213-1 “On Inventions in the USSR”);
2. spouses of servicemen - in state organizations, military units (Article 10 federal law dated 05/27/98 No. 76-FZ "On the status of military personnel");
3. citizens discharged from military service, and members of their families at work, where they entered for the first time after dismissal from military service, as well as single mothers of citizens undergoing military service on conscription (Article 23 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”);
4. persons who have undergone radiation sickness and other diseases caused by the consequences Chernobyl disaster and associated with radiation exposure. Persons who received a disability as a result of the Chernobyl disaster. Participants in the liquidation of the consequences of the Chernobyl disaster in the exclusion zone in 1986-1990. Persons evacuated from the exclusion zone. (Law of the Russian Federation of May 15, 1991 No. 1244-1 “On social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”);
5. persons exposed to radiation as a result of nuclear testing at the Semipalatinsk test site, who received a total (cumulative) effective radiation dose exceeding 25 cSv (rem) (Article 2 of the Federal Law of 10.01.2002 No. 2-FZ “On social guarantees citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site”).

Provide written notice of reduction

Two months before the dismissal, the employee must be warned against a receipt for the reduction of his position (part 2 of article 180 of the Labor Code of the Russian Federation).

If he refuses to read the written notice, it shall be sent to his home address by registered mail with the notice. It is also necessary to draw up an act of refusal to read the written notice. Subsequently, this will help the employer if the former employee goes to court with a lawsuit on the illegality of the dismissal procedure. The employer will be able to document that he did everything to comply with the procedure, and it was the employee who violated it.

Issue a reduction order

The two main documents that launch the process of staff reduction must be drawn up at the first stage of this process. So it is necessary to issue an order to reduce the number or staff of employees, as well as to prepare and approve a new staffing table with the date of its entry into force after the end of the reduction procedure.

Notify the employment authorities and the trade union

It is necessary to notify the employment service authorities and the elected body of the primary trade union organization in writing about the upcoming dismissal of workers no later than two months before the start of the relevant events. In case of mass dismissal of employees - no later than three months. It is necessary to indicate the position, profession, specialty and qualification requirements to employees, the terms of remuneration of each individual employee.

A dismissal is considered massive if:

1. an enterprise of any organizational and legal form with a staff of 15 or more people is being liquidated;
2. the staff of the enterprise is reduced in the amount of:
   • 50 or more people within 30 calendar days;
   • 200 or more people within 60 calendar days;
   • 500 or more people within 90 calendar days;
3. quit 1% total number working in connection with the liquidation of enterprises or a reduction in the number or staff within 30 calendar days in regions with a total number of employees less than 5 thousand people.

Industry or territorial agreements may establish other criteria for assessing mass releases.

Suggest another position

After the employer has informed the employee in writing about his future reduction, he must take measures to employ the employee. The Labor Code requires that each dismissed employee be given the opportunity to transfer to an existing job in writing (part 1 of article 180 of the Labor Code of the Russian Federation). This implies a transfer within one organization, however, the employer may assist in the transfer of the employee to another employer. Dismissal due to a reduction in the number or staff of the organization's employees is allowed if it is impossible to transfer the employee with his consent to another job (part 2 of article 81 of the Labor Code of the Russian Federation). Failure to comply with this requirement is a violation of labor law.

The employee must submit the refusal of the proposed position in writing. This will provide documentary evidence of his unwillingness to take the proposed position.
Positions proposed for internal transfer must be present in the new staffing. Must have approved job descriptions with a list of duties, as well as the terms of remuneration must be approved.

If the company does not have a job that would match the qualifications of the employee, the employer can offer a lower position in the area. The employer is obliged to offer vacancies in other localities, if it is provided for by collective or labor contracts, or agreements.

Request a reasoned opinion from the trade union

If the former employee is a member of a trade union, then before terminating with him labor Relations, you must send a copy of the order and other documents that contain the rationale for such a decision. It is also worth sending a copy of the dismissal order to the union. It is advisable to carry out these actions after 1 month, with a massive reduction - after 2 months from the moment the employee was warned about the upcoming dismissal.

Elected trade union body, in accordance with Art. 373 of the Labor Code of the Russian Federation, considers this issue within seven working days from the date of receipt of the draft order and copies of documents and sends the employer its reasoned opinion in writing.

If the elected trade union body expressed disagreement with the proposed decision of the employer, it shall, within three working days, hold additional consultations with the employer or his representative, the results of which are drawn up in a protocol. If a compromise has not been reached as a result of consultations, the employer, after ten working days from the date of sending the package of documents to the trade union, has the right to make a final decision. It can be appealed to the relevant state labor inspectorate.

Observe a special procedure for certain categories of workers
Dismissal in connection with the reduction of heads (their deputies) of elected collegial bodies of primary trade union organizations (including within two years after the end of their term of office), elected collegial bodies of trade union organizations structural divisions organizations (not lower than the shop and equated to them), not released from the main work, as well as employees under the age of eighteen years is allowed in addition to general order dismissal in compliance with the provisions of Article.Article. 269, 374, 376 of the Labor Code of the Russian Federation.

Issue an order to terminate the employment contract

It must be remembered that it is not allowed to dismiss an employee at the initiative of the employer (with the exception of the liquidation of the organization) during the period of his temporary disability and during his vacation.

Familiarization of each employee with the order of dismissal in connection with the reduction in the number or staff of the organization's employees is carried out against signature.

Register order

It is necessary to register the order in the Register of orders (instructions).

Pay severance pay

Calculation and payment of wages, severance pay (in accordance with Article 178 of the Labor Code of the Russian Federation) with all payments due to the employee takes place on the day of dismissal. Payment monetary compensation for all unused vacations (a note-calculation is required).

Upon termination of the employment contract in connection with the liquidation of the organization, or a reduction in the number or staff of the organization's employees, the dismissed employee is paid a severance pay in the amount of the average monthly salary. The dismissed person retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal. This may be due to the decision of the body of the employment service, if within two weeks after the dismissal, the employee applied to this body and was not employed by him.

In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee was absent on the day of dismissal, then payments must be received by him no later than the next day. In the event of a dispute about the amount of the amount due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the above period.

Termination of the employment contract before the expiration of the warning period

With the written consent of the employee, the employer may terminate labor contract prior to the expiration of the two-month notice period. This is possible when the employer pays him additional compensation. Its size is calculated from the average earnings of the employee in accordance with the time until the end of the termination notice. (Part 3, Article 180 of the Labor Code of the Russian Federation).

Issue a work book and a personal card

Labor books of employees of the organization are filled in in accordance with the Rules for maintaining and storing labor books, approved by Decree of the Government of the Russian Federation No. 225 dated April 16, 2003 and Instructions for filling out work books (Appendix No. 1 to the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69). Employment history issued to the employee on the day of termination of the employment contract.

Active optimization of the state sphere of activity led officials to the need to cut jobs. The goal is to raise wages. However, the means to achieve the final goals are not quite familiar: to remove jobs, and at the expense of the released funds, to achieve an increase in wages for those who remain working. Perhaps this is due to the deficit of the treasury, but the fact remains: the analysis of data for 2019 allows us to make certain forecasts.

The declining state of the economy is already noticeable to all Russians, so the government’s promises to “achieve an increase in wages for workers government organizations Few people believe. Preliminary reorganization measures, except for mass layoffs, also did not produce results.

We do not undertake to assert that there will definitely be a reduction in 2019, the media do not have information, the government is also silent, giving neither negative nor positive answers.

Salary growth for civil servants in 2019

Salary is the main income base for all employees of state institutions. The calculation of rates, additional payments, and other incentives depends on the amount of salary. According to experts, in 2019 the average size salaries will reach 137 tr. - This is with additional payments, bonuses and salary.

The average values ​​will not help to objectively assess the situation, the salaries of middle-level employees are much lower than those of the TOP-level employees. For example, an official at the Office of the President receives 200 tr. per month, and the same employee in another field of activity - 30 tr. The difference is obvious.

Assumptions for salary cuts and increases for civil servants in 2019

The media and the government do not provide information on salary increases, as well as on job cuts. Ambitious statements of officials about plans do not explain the situation at all. Many lawmakers are in favor of reorganizing the payroll system, improving jobs, but the implementation of projects in practice is a long and hardly possible task.

The problems are exacerbated by an extremely stable decline in the Russian economy for many years. If the budget deficit does not hurt to increase wages for civil servants, experts predict the possibility of attracting young employees and reducing corruption.