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Staffing table during reduction. Changing the staffing table - what you need to know

When drawing up a new staffing table when reducing staff, it is worth taking into account all legislative and labor rules. The time for scheduling is the development of a reduction plan. A new type of staff distribution is being introduced after the reduction procedure is completed. The staffing table has a number of conditions that the manager will need to fulfill.

Procedure

If there are grounds for a reduction in staff, the manager makes a decision, which is considered the beginning of the development of a reduction plan.

Important! The decision must have mandatory grounds, which allow the reduction procedure to begin due to various factors. An employer cannot lay off workers unless there are sufficiently compelling reasons.

The whole procedure:

  • the presence of factors and making a decision on staff reduction based on them;
  • the creation of a special commission that develops a reduction plan, including the development of a new staffing table based on initial factors;
  • issuing a reduction order and notifying all interested persons and organizations;
  • carrying out staff reductions in accordance with the plan;
  • transfer or dismissal of employees with full pay.

The new staffing table is formed during the creation of the plan, that is, all positions that may no longer be liquid are excluded. It is worth considering that the same positions that are being eliminated cannot be introduced in the new staffing table.

Important! Until the new type of schedule has been fully developed, employees cannot be fired. For this reason, a schedule is developed at a preliminary stage before notification of all organizations and individuals begins.

The new staffing schedule is developed by a commission that creates a reduction plan based on the received data on the need to optimize or increase efficiency. The commission must include the employer himself and the head of the personnel department. When creating a schedule, it is necessary to take into account all the characteristics of the employees who occupy positions. A number of positions cannot be excluded. These options include jobs for women on maternity leave and other vacationers, as well as those in preferential categories.

The staffing table is a fundamental document for labor processes. For this reason, it must be created taking into account all the rules and features.

Features of the new staffing table

The staffing table is drawn up on the basis of several documents and factors. List of influencing elements:

  • old schedule;
  • reduction plan;
  • optimization and efficiency measures;
  • actual reduction of a number of positions, that is, if a position has been reduced, it cannot be reintroduced;
  • a list of non-redundant positions, depending on the presence of preferential categories of employees in them.

In fact, when drawing up a schedule of a new nature, several rules must be followed:

  • the schedule includes all non-reduced positions and excludes low-performing positions that are determined during the development of the plan;
  • New staff positions are introduced only if there are grounds for this;
  • Units for which there are no sufficient grounds for reduction cannot be excluded from the schedule.

Important! When notifying a trade union organization or any body, such as an elected employee, you will need to provide not only a reduction plan, but also a developed staffing schedule that will allow employees to work more efficiently. The union is already checking the validity of the reduction in staff and all units that were excluded from the new model.

For any non-compliance with rules or labor standards, the employer can be held accountable through the court or labor inspectorate. Both the laid-off employee and the trade union can file a lawsuit on the grounds of illegality and violation of labor rights. Only in court will the employer have to prove the legitimacy of the procedure and the validity of introducing the schedule. During layoffs, the manager is not required to provide his employees with a layoff plan.

If the employer’s guilt is proven, the reduced positions will be restored, even if there is a new staffing table. It is worth considering that in the event of an unjustified reduction, the new staffing table may be canceled completely. For this reason, when developing a plan, the commission must first take into account all the labor rights of employees.

Entering a schedule

The development of a new staffing table is carried out on the basis of the plan during the preliminary stage of reduction. Only after the schedule has been drawn up and certified, employees are notified of the layoff in accordance with the issued order.

The order includes all positions that are excluded from the new version of the staff list.

The date of introduction of the new schedule is indicated in the order, which regulates the period of reduction, that is, if employees are laid off completely on the 1st day, then the schedule is introduced during this period. It does not need to be entered before the due date, since there are still unreduced positions that are not included in the new document.

Introducing a new staffing schedule ahead of schedule is considered a violation. All available vacancies under the new option must be offered while waiting for the final reduction date. This applies to all positions, including part-time positions. The provision of a new workplace is carried out strictly based on the presence of a pre-emptive right, which is taken into account at the stage of developing the plan.

It is worth considering that the new staffing table is an official document, so after its creation it is certified by the signature of the manager and the seal of the organization.

The new staffing table is prepared in conjunction with the reduction plan. There are several rules that the employer must follow. The schedule must be created by a special commission that will take into account all the features of the positions and the employees who occupy them. The reduction procedure cannot begin until a new schedule has been created, since all available vacancies of the new type must be provided to employees by priority.

We live in an unstable and constantly changing world. Modern technologies are changing rapidly, and the economic situation is changing just as quickly, which significantly affects the work of enterprises. Some of them are growing and developing due to the opening of new branches and departments. Others - due to the introduction of new, more advanced technologies, which leads to a decrease in the number of jobs and the release of individual positions. The consequence of this is a reduction in positions in the staffing table or the number of staff units.

Reduction of positions in the staffing table is carried out when jobs are reduced

Of course, not all employees will agree with the dismissal, so the employer must ensure that the administration strictly follows the step-by-step procedure for approving a new staffing table when reducing staff and eliminating positions from the old one.

Reduction in headcount or staff

One of the grounds for the possibility of terminating an employment contract initiated by the employer is a change in the staffing table and a corresponding reduction in headcount and staff. Before making a reduction, management and human resources must determine whether only the number of positions will be reduced or the number of positions will be reduced.

Downsizing is a reduction in the number of staff positions for a specific position. Staff reduction is the complete removal of a position from the staffing table.

Compliance with the dismissal procedure

When making changes to the staffing table when reducing employees, it is very important to prepare documents and carry out all procedures correctly. The process of reducing position(s) includes several activities:

Creation of a staff reduction commission

Once the decision is made to downsize, the company's public needs to be involved in the process. In this case, by order of the director, a commission consisting of employees of the enterprise is created. This commission determines the legality of job reduction and whether specific employees have a preferential right to be retained in the team. The decision taken by the commission is documented in a protocol.

Article 179 of the Labor Code lists the categories of employees who have priority rights over other employees to remain at work. These include:

  • employees whose families have at least two disabled members)
  • workers in whose families there are no other persons earning income)
  • employees who received injury or any occupational disease at this enterprise)
  • disabled people of WWII and other military operations)
  • employees who improve their skills on the job.

In addition, Article 261 of the Labor Code of the Russian Federation prohibits dismissal due to job reduction:

  • women with children under 3 years of age)
  • pregnant women)
  • single mothers with children under 14 years of age (or disabled children under 18 years of age))
  • other persons raising such children in the absence of the mother.

Reduction order

First, the head of the enterprise issues an order indicating which positions are subject to reduction. Then an order must be issued to approve the staffing table in connection with the reduction of employees.

Notifying employees and offering vacancies

Employees must be notified of subsequent dismissal, which causes a change in the staffing table due to a reduction in staff, at least two months before the dismissal. Moreover, this should be done individually and against signature. If the employee refuses to sign for receipt of the notice, then it is necessary to draw up an act in front of two or three witnesses confirming the fact of notification of dismissal.

Employees need to be offered available vacancies at the enterprise. This is not done once, but periodically from the moment the dismissal is announced. Employees need to be offered all vacancies that may appear in the company after the announcement of job cuts. Typically, notification of a vacancy in the staffing table during staff reduction occurs three times:

  • when reporting a job reduction,
  • a month after that,
  • on the penultimate working day.

Employees need to be offered not only positions and vacancies that correspond to their current qualifications, but also those that are lower or less paid. The employer must offer all vacancies that meet these requirements and are located in this area. Vacancies from other localities should be offered only if this is stipulated in the employment or collective agreement.

When the staffing table is changed due to a reduction in staff and numbers, the company administration and the employer should not advertise the search for new employees for these positions. In addition, it is advisable not to introduce these positions back into the staffing table for at least six months after the reduction. Otherwise, the laid-off employee can prove in court that there was no actual reduction in staff, challenge the dismissal and return to work.

Temporary vacancies

A vacancy is a position that is provided for according to the staffing table and for the performance of work for which an employment contract has not been concluded. Based on this, a position occupied by an employee on long-term leave (for pregnancy, childbirth, child care) or temporarily transferred to another position is not vacant. Therefore, during layoffs, the employer is obliged to offer permanent vacancies to the laid-off employees.

At the same time, there is no direct ban on offering temporary vacancies in the legislation. When transferring employees from a position being reduced to a position that is vacant during the absence of a permanent employee, a fixed-term employment contract must be concluded with them.

Employment service notice


The employer is not obliged to introduce a new staffing table when reducing the number and staff

The employer must notify the employment service about this in writing and no later than two months before the dismissal, which causes the exclusion of the position from the staffing table during the reduction. If the reduction of a position in the company’s staff will lead to mass layoffs, then the employment service must be notified three months in advance.

The message to the employment service authorities must contain the position, profession, specialty and qualification requirements. Also, the terms of remuneration for each individual employee are communicated.

Redundancy payments

The exclusion of a position from the state involves the payment of compensation to dismissed employees who did not agree to the vacancies and did not remain at the enterprise in other positions. These employees are paid severance pay equal to their average monthly earnings. The same amounts are paid monthly while the dismissed person is looking for work (no more than 2 months, and in the northern regions - no more than 3). Termination of employment contracts is confirmed by an issued order; entries about “dismissal due to reduction in the number of employees of the enterprise” must be made in the work books.

On the last working day, the final payment is made to the dismissed employee and a work book is issued. An employee whose position has been reduced from the staff list builds all his subsequent relationships exclusively with the territorial body of the employment service. The responsibilities of this organization include employing citizens, paying them unemployment benefits, providing temporary disability benefits, the possibility of retraining, and so on.

Dismissal before two months

If an employee who falls into the redundancy category expresses a desire to resign earlier than two months after notification of the layoff, then there are two options for this:

  1. The employee writes consent to early dismissal. In this case, additional compensation is provided. Its size is determined by the time remaining before the expiration of the two-month period.
  2. The employee resigns of his own free will. In this case, he is not entitled to any compensation from the employer.

Preparation of documents for court


Excluding a position from the staffing table during a layoff has certain consequences.

An employee who does not agree with the decision made by the administration can challenge the legality of excluding a position from the staffing table on the day of the employee’s dismissal by contacting the judicial authorities.

First of all, the job reduction must actually take place. This fact should be confirmed by the staffing table presented to the court before the reduction procedure and the new staffing table when reducing the number and staff after its completion.

At the same time, the law does not oblige the employer to introduce a new staffing table when carrying out actions to reduce numbers/staff. It is legitimate to simply order to make changes to the existing one.

Judicial practice implies that the right to determine the staffing of positions and the number of employees belongs to the administration and the employer. However, despite the absence of a requirement for the employer to prove the validity of the decision to reduce positions from the staffing table, it is still recommended to draw up a feasibility study. The existence of this document will strengthen the employer’s position in court and will refute the employee’s arguments that the reduction of his position is far-fetched.

  • HR records management

Keywords:

1 -1

Will staff reductions be made by the employer before the new edition of the staffing table comes into force?

On this issue we take the following position:

The new version of the staffing table must be put into effect on the day of dismissal of employees.

Justification for the position:

Employees are warned by the employer personally and against signature of an upcoming dismissal due to a reduction in the number or staff of the organization's employees at least two months before the dismissal (part two of Article 180 of the Labor Code of the Russian Federation). In this case, the new one must be approved before the start of reduction measures (clause 2 of section “Application of substantive law” from the Review of judicial practice of the Supreme Court of the Republic of Kalmykia on the consideration of civil cases in cassation and supervisory procedures in 2008, section “Termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation)" from the Generalization of the practice of consideration in the 1st half of 2008 by the courts of the Saratov region of cases of termination of an employment contract at the initiative of the employer and on other grounds not related to the will of the employee, etc.).

The date of dismissal of employees due to staff reduction should be determined not by the date of entry into force of the staffing table in the new edition, but by the expiration of the two-month period established by part two of Art. 180 of the Labor Code of the Russian Federation (see, for example, the cassation ruling of the Investigative Committee for civil cases of the Moscow City Court dated July 15, 2010 in case No. 33-21255, the resolution of the Presidium of the Supreme Court of the Ural Republic dated December 02, 2009 in case No. 33-3249, the cassation ruling of the St. Petersburg City court dated 06.12.2010 N 16436).

In our opinion, if the employer on the day of dismissal, recorded in the warning, did not exercise his right to reduce staffing (position), the employment contract continues (by analogy with part six of Article 80 of the Labor Code of the Russian Federation). The same conclusion can be drawn when the notice does not indicate the date of dismissal, but the employer missed the two-month deadline. Therefore, if the dismissal deadline is missed due to a reduction in the number or staff of employees, the dismissal procedure should be started again.

It does not follow from the provisions of the Labor Code of the Russian Federation how the moment of dismissal of laid-off workers and the moment of introducing a new staffing table should relate to each other.

In a number of cases, the courts indicate that the changed staffing table, from which the positions of laid-off workers are excluded, may come into force the next day after the dismissal of the relevant workers (see, for example, the cassation ruling of the Investigative Committee for civil cases of the Moscow City Court dated June 17, 2010 to case No. 33-17293 and dated June 25, 2010 in case No. 4g/3-3606/10).

However, an analysis of judicial practice shows that if terminated under clause 2 of the first part of Art. 81 of the Labor Code of the Russian Federation, and the corresponding position is excluded from the staffing table on the next day after dismissal or later, there is a possibility of reinstatement of workers dismissed due to staff reduction (section “Dismissal under clause 2 of Article 81 of the Labor Code of the Russian Federation (reduction in the number or staff of employees)" Review of the practice of consideration by the courts of the Kaliningrad region in 2008 of civil cases on reinstatement at work, section “Disputes about dismissal from work in cases of reduction in the number or staff of an organization’s employees (clause 2 of Article 81 of the Labor Code of the Russian Federation)” Certificates on the results of generalization of judicial practice on cases of reinstatement at work, considered by the courts of the Samara region in 2008).

Therefore, when reducing staff, it is in the employer’s interests to ensure that the new staffing table (which does not include the positions of the employees being laid off) comes into force before the expiration of the notice period or on the day of dismissal. However, since until the moment of dismissal, laid-off employees must continue to perform their labor functions, the positions they occupy must be provided for in the staffing table (Article 15, part two of Article 57 of the Labor Code of the Russian Federation). The absence of these positions in the staffing table can be considered as a formal basis for bringing the employer to administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. Therefore, in our opinion, when employees are dismissed due to a reduction in the number or staff of the organization, a new version of the staffing table should be put into effect on the day of dismissal of employees (cassation ruling of the Penza Regional Court of November 20, 2007 N 33-2146).

It is necessary to adhere to a certain procedure if a reduction in a position in the staffing table is required. It may be necessary to eliminate a particular vacancy in a company for various reasons. First of all, those professions that have been completely replaced by new technologies are being eliminated. But also to fire a person or group of people due to a crisis, as a result of which the company will need to cut costs. In any case, when reducing a position in the staffing table, you must adhere to certain rules.

Preparatory stage

It is not easy for any manager to tell people that they will have to be fired. This is due to both psychological factors, personal sympathy, and legal issues. It can be said unequivocally that the government carefully ensures that the rights of workers are not infringed. Consequently, the boss will have to fulfill all his obligations, because it is impossible to simply reduce staff.

Reducing a position in the staffing table, first of all, should include the following point. The manager is obliged to think about whether the company can offer another job to a person who has similar working conditions. After all, in this case there will be no need to fire, it will be enough to transfer to a vacant position. It is recommended to look at the staffing table and try to develop a plan that will allow you to maintain the current staff.

If, nevertheless, a person is inevitably laid off, then he must be notified two months before the expected date. Moreover, it is important to obtain a receipt stating that the management warned in a timely manner, and the employee read the information and accepted it. This step cannot be skipped because removal from a position without prior notice is considered illegal.

Naturally, you need to report unpleasant news only when the staffing table has been examined and no other solution has been found. When a person is informed, the question of his future fate in the company has already been resolved. Until then, you should not act by talking about dismissal.

In this case, the reason is precisely the reduction of a certain staff position that a person occupies. As you know, it will not be possible to remove someone from office without cause. Therefore, you will have to voice the specified reason and write it down in the documents.

Please note that a specific vacancy is completely excluded from the staffing table. That is, there is no such option that a certain person will leave and another employee will take his place. Because in such a situation, the basis for dismissal should be completely different.

Entry into force

As already mentioned, if you need to reduce a position in the staffing table, then you should definitely try to save a place for the person in the company. But if there is no such opportunity, then you will have to follow a specific sequence of actions.

Before notifying a person, an order to reduce staff (or one unit) will need to be issued. Based on this, a paper is created with which the employee is introduced. You also need to create a new staffing schedule.

However, a contradictory situation may arise here. If the boss cuts a specific position, but the employee continues to work there for another two months, then questions will arise. After all, you can’t work in a position that no longer exists. Therefore, it is recommended to adhere to a certain algorithm so as not to encounter the problem described above.

What to do:

  1. Issue an order to reduce a unit or the entire staff.
  2. Create a list of those places and workers who will lose their place. Please note that it is necessary to take into account employees who have preferential tenure at work.
  3. Notifying a person about an upcoming procedure.
  4. You will need to offer a vacancy that meets the conditions. Please note that the rate may be higher or lower than the previous one.
  5. Notify the union, if any. You also need to notify the employment service if the procedure is widespread.
  6. Dismissal of people who did not take the offered positions.

The new schedule must be introduced by order no earlier than the day from which the positions will cease to exist. By the way, the employer can reduce the number or staff. There really is a difference, and now let's look at the differences. If we are talking about numbers, then the number of work units for a specific position is reduced. But if the entire staff is eliminated, then specific vacancies are completely excluded from the schedule. For example, the position of an analyst is excluded, and not specific employees, but all of them with a given profession at once.

Who can't be fired

An employer must remember that there are people who cannot be fired for any reason. The only exception is the liquidation of the company. In other situations, they need to be left in the organization. There are also employees with a preferential right to remain in the company, and these include beneficiaries.

Dismissal is not possible for:

  1. Pregnant women. Moreover, it doesn’t matter how long they are in. They have every right to work for the company and then go on sick leave for pregnancy and childbirth. They will also have the opportunity to take parental leave.
  2. Girls who have children under 3 years of age.
  3. Single mothers raising a minor (under 14 years old). Persons caring for a disabled child (under 18 years of age).
  4. Minor employees. They can be removed from their place only after permission from government authorities.
  5. Employees on vacation or sick leave. They can be fired only after returning to work.

If we talk about the pre-emptive right, it increases the chances of staying in the company. These people include workers who are the sole breadwinners in the family. Disabled people of the Great Patriotic War and combat operations to defend the Fatherland. People who have been injured or acquired an occupational disease while performing duties in the company.

You can also identify people who are currently improving their qualifications in the direction of their superiors. Benefits are available to people who are dependent on two or more family members. Other cases may be specified in the collective agreement.

Payments

Of course, people are entitled to redundancy payments. This point is spelled out in the Labor Code of the Russian Federation. Each employee must be given a benefit in the amount of one average salary per month. He will also be paid money during the period of employment, however, the period cannot exceed more than two months.

Sometimes funds can be paid within 90 days if the employment service decides so. Naturally, you will need a certificate that the person has not yet found a new place. However, if a person does not contact the employment service within two weeks after leaving the previous organization, then this money will not be paid.

An increased payment may occur in a situation where the boss has laid off an employee without prior notice. Then the compensation will be two months' salary. In this case, the average income for the last two years is calculated.

There may be other payments if they are provided for in the employment contract or collective agreement. They may also talk about the reasons for the increase in the amount. In addition to these funds, a person can claim compensation for unused vacation and wages for the period when he worked. Money is issued at the time of layoff, along with documents. The payment is not extended over several months, and the full amount is paid on the last working day if the person stays in the company.

In any business, in addition to growth and making a profit, situations occur when the financial condition of the company begins to deteriorate and it is necessary to take measures to overcome the crisis. As a rule, one of them is to optimize the structure of hired personnel and, accordingly, reduce one or more.

Reducing the number of employees

It is not a document that is accepted by an organization once and is not changed until the end of its activities. Since this local regulatory act must characterize the current personnel structure, it is revised when expanding the business, changing production or sales technology, or during financial difficulties.

The need to eliminate one or more positions, and sometimes entire departments, may be dictated by:

  • diversification of activities;
  • crisis phenomena;
  • changes in sales markets;
  • updating the technological component;
  • updating this local regulatory act;
  • other reasons.

The procedure for taking action in the staffing table depends on whether this document will be brought into line with the actual personnel structure, or whether the exclusion of one of the positions will lead to the actual dismissal of one or more employees.

Reduction of vacant positions in the staff list

Before proceeding with the dismissal of working employees, the employer is obliged to review the current one for the presence of vacant jobs. You can also remove unnecessary units from a document during a planned change.

For example, the company has a vacancy “ “, but in practice the flow of documents is small and other employees independently cope with the responsibilities of document management. In such a situation, you can change the schedule and remove this unit from it.

If a position in the staffing table is reduced without actually dismissing workers, then the procedure is as follows:

  • justification for changes;
  • drawing up a new local regulatory document;
  • issuing an order to change (approval) the updated document.

In this case, there is no need to comply with the deadlines established by law for the reduction of employees.

You can clear the staffing table of vacancies at any time. Since there are no employees who actually occupy them, and the dismissal procedure will not be carried out, changes can be made several days before the new edition of this local regulatory document comes into effect.

The need to reduce the company's staff due to vacancies can be justified by financial services, as part of proposals to overcome the crisis, human resources departments or heads of departments and departments where such units are located. To do this, you need to draw up a memo addressed to the head of the company or its owner, justifying the lack of need for this position or hiring an additional employee.

Example of justification for excluding a vacant position

to CEO

Research and Production Association "Geliostomak"

Tcherezhvostova P.S.

Head of administrative and economic service

Chistyulkina E.K.

Memorandum

No. 67 dated October 10, 2018

From September 1, 2018, the transfer of functions for cleaning the office premises occupied by NPO Geliostomak was carried out at the address: Semipolatinsk, st. Vedeneeva, 145, premises 224 - 247, under the management of the building management company "Kvartal". In this regard, 4 positions of “office cleaner” were vacant in the AHS staff (the workers were dismissed by transfer to Kvartal LLC).

Since there is currently no need to recruit personnel for these jobs, I ask that during the planned approval of the staffing table from 01/01/2019, the vacancy “office cleaner” (4 sh.e.) should be excluded from the structure of the administrative and economic service.

10.10.2018 Chistyulkina E.K.

Removing a vacant position from the staffing table

After reviewing the rationale, the company's management orders changes to this local regulation. As a rule, in the form of a resolution on a received memo or memo. For example, “I agree. The head of the HR department should make changes.”

Personnel department employees, having received such an order, prepare changes and an order for their introduction.

If the change is large-scale, or several departments simultaneously applied for the exclusion of vacancies, then instead of preparing a new edition of the current local regulatory act, it is necessary to prepare a new document and carry out the procedure for its approval.

An order to exclude vacancies from a local regulatory act can be drawn up as follows:

NPO "Geliostomak"

Semipolatinsk

ORDER

No. 245 of October 20, 2018

About changes to the staffing table

Due to lack of production need

I ORDER

  1. To exclude from the staffing table No. 8 dated January 17, 2018 the position of “office cleaner” (4 sh.e.) from January 1, 2019.
  2. Control is assigned to the head of the HR department and the chief accountant.

Justification: memorandum of the head of the administrative and economic service dated 10.10.2018 No. 67.

Applications:

Memorandum of the head of the AHS dated 10.10.2018 No. 67

Staffing schedule No. 8 dated January 17, 2018.

General Director of NPO Geliostomak P. S. Cherezkhvostov

Reducing vacancies for which the company does not currently need to hire specialists is the simplest procedure for optimizing the personnel structure. If it is necessary to exclude positions occupied by actual employees from this document, the procedure and timing of this procedure are strictly regulated by law.

Reduction of a position in the staffing table with the dismissal of employees: procedure

The release of employees and the simultaneous exclusion of jobs from the staff structure is associated with additional financial and time costs for the company. In addition to the increased amount of payments, in the event of a revision of the personnel structure, it is necessary to promptly notify employees who fall under this procedure, and in the event of a large-scale curtailment of activities, inform the trade union committee and the department responsible for employment.

When reducing staff, there is a direct legal ban on the dismissal of some employees due to their social status.

For example, you cannot lay off a pregnant employee or a single parent.

Failure to comply with their rights will result in a fine and, in some cases, criminal liability for the employer.

As a rule, it is associated with an unfavorable financial situation in the company. At the same time, before making a decision to dismiss employees, several steps can be taken to reduce the total amount of payments when releasing staff:

If the exclusion of units from the schedule is associated with the dismissal of the employee occupying it, it is necessary to comply with the notification deadlines for the employee (Article 180 of the Labor Code of the Russian Federation).

After considering all reduction options and making a decision to reduce jobs, it is necessary to draw up and approve in advance a new local regulatory act on the personnel structure or make changes to it. This must be done no later than 2 months before excluding the workplace from this document.

An order to reduce jobs and eliminate staff positions can be drawn up as follows:

ODO "Tradecom"

Nizhnemartovsk

ORDER

No. 26/k dated 10/12/2018

About job reduction

Due to the deterioration of the company's financial position and the need to implement measures to reduce costs

I ORDER:

  1. Exclude from the staffing table the position of “sales specialist” (2 sh.e.) in the sales and logistics department.
  2. The head of the HR department must take all necessary measures to notify employees and formalize the dismissal procedure for staff reduction.
  3. The chief accountant calculates and promptly pays all necessary compensation to dismissed employees.
  4. Control over compliance with the established dismissal procedure and compliance with deadlines is entrusted to the Deputy Director for Human Resources Perevalov I.D.
  5. The new version of the staffing table No. 4 dated 02/01/2018 comes into force on 01/01/2019.

Applications:

Action plan for the financial recovery of ODO "Tradecom"

Staffing schedule No. 4 dated 02/01/2018

Director Pustokhvalov A.V.

Informing about job reduction

After management issues an order to exclude workplaces from the local regulatory act, employees who are subject to dismissal are familiarized with this document. Additionally, they must be given written notice of the upcoming termination of the employment relationship. In cases determined by law or collective agreements, it is necessary to notify the trade union committee and the employment service about the upcoming release of workers.

The redundant employee must receive notice no later than two months before the date of dismissal.

This document is drawn up in two copies, one of which is given to the employee, who personally certifies its receipt. This document can also offer job vacancies.

It is necessary to offer all possible employment options, regardless of salary.

At the same time, qualification requirements and health status are taken into account.

For example, an employee with a legal or economic education can be offered a job as a specialist in accounting, marketing services, a financial department, or a job that does not require special qualifications (loader, cleaner, auxiliary worker, etc.). But you should not offer engineer or technologist vacancies that require specialized education.

The same situation occurs with laid-off employees who have health problems. For example, you should not offer a physically demanding job to someone with musculoskeletal problems or a job in a processing department to an employee with a dust allergy.

In addition, the legislation does not restrict the employer from transferring a laid-off employee to vacancies with a salary level lower than what he received in the position excluded from the local regulatory act.

Example of a notice of job reduction

Additional liability company "Tradecom"

Mukhovozova E. S.

Sales specialist

Sales and Logistics Department

NOTIFICATION

About staff reduction

10/29/2018 No. 4

Dear Ekaterina Sergeevna!

Due to the difficult financial situation of Tradecom ODO, a decision was made to reduce the position of a sales specialist (order No. 26/k dated October 12, 2018).

We notify you of the upcoming dismissal from 01/01/2019 under clause 2 of Art. 81 Labor Code of the Russian Federation. Upon dismissal, you will receive all compensation payments required by law, the employment contract and the collective agreement.

We would like to inform you that in accordance with clause 117 of the Collective Agreement No. 456 dated September 25, 2017, you can also use 2 working days per month to search for work (upon application).

We also invite you to consider the possibility of occupying the following vacancies at Tradecom ODO:

Specialist in contract work (temporary workplace) in the supply department with a base salary of 32,000 rubles.

Payroll economist in the financial support department with a base salary of 27,000 rubles.

You can write an application for transfer to the proposed vacancies addressed to the head of the HR Department O. G. Menshinskaya.

Director of ODO "Tradecom" Pustokhvalov O.V.

Notice of dismissal received on October 30, 2018 by Mukhovozov E.S.

Dismissal of an employee due to staff reduction

After all the necessary measures have been taken and the employee refuses the offered job, or there are no vacancies in the company, he is fired.

By agreement between the employer and the employee, the employee can be dismissed before the expiration of the two-month period.

For example, an employee found another job a couple of weeks after receiving the notice. He can write an application requesting a reduction procedure before the expiration of two months from the date of notification. In this case, the employer, having agreed to release the employee earlier than the deadline established by law, will not be held liable for the violation of the employee’s rights.

The procedure for excluding a position from a local regulatory act that characterizes the structure of hired personnel, the employee and the payment to him of all due compensation and money earned is completed.

This document can be compiled in the following form:

ODO "Tradecom"

Nizhnemartovsk

ORDER

No. 39/k dated December 28, 2018

On dismissal of an employee (termination of employment contract)

Due to staff reduction

I ORDER:

Grounds: order No. 26/k dated 10/12/2018 “On the reduction of positions in the staff list”, notification dated 10/29/2018 No. 4 “On staff reduction”, statement by E. S. Mukhovozova with refusal of the proposed vacancies dated 12/01/2018 of the year.

Copies of the documents specified in the justification for dismissal are attached to the order.

Director Pustokhvalov A.V.

The procedure for registering a job reduction in the staffing table depends on whether, as a result of these measures, employees working in the company will be dismissed. When bringing this document into line with the actual structure of hired personnel and excluding vacancies from it, it is enough to justify the changes and issue an order from management or the owner to approve the new edition of this local regulatory act.

In the case of dismissal of employees occupying an excluded position, it is necessary to comply with all legal requirements on the procedure for releasing employees and try to minimize the employer’s costs by offering other jobs or dismissing employees for other reasons. In case of violation of the rights of dismissed personnel, the employer may not only receive a fine, but also a trial for the illegality of dismissal.