home · Planning · How to resolve personnel issues during the reorganization process. Applications Resolves personnel issues

How to resolve personnel issues during the reorganization process. Applications Resolves personnel issues

The ability to select personnel and form a team are the cornerstones on which many companies stumble, and each solves it in its own way. The problem of personnel is one of the most important in the work of a company, since business is created by people. What are the main personnel issues, and what are the best ways to solve them?

So, let’s outline the main personnel problems:

Difficulties in selecting professionals with good education and high qualifications, capable of mastering the latest technologies and able to quickly apply everything new in business, as well as manage modern equipment. It is always difficult to find such personnel, because professional top managers and managers are trained in business schools, and there are not many such specialists, but professionals who have been working for a long time, with good experience, are valued in any company and are not so easy to find. Banks, companies involved in IT technologies, and financial corporations experience the greatest difficulties with such personnel.

On the other hand, there is a shortage of unskilled personnel performing menial work, but, at the same time, performing a large amount of such work. This problem is typical for Moscow, as a huge metropolis, in which there is a lot of unskilled work, for which they pay little, but it is necessary to do it. There is a high turnover of such personnel in the service sector, in the restaurant business, and in the trade sector.

Personnel dissatisfaction with the social package and working conditions. Not all companies understand the importance of the social package for retaining their employees. In addition, the social package requires significant financial investments, and some companies prefer to invest more in production development and new projects than in social programs.

The need to maintain wages at a sufficiently high level, taking into account its indexation, as well as rising inflation, and improving the standard of living in society. The inflation rate is rising, but wages remain the same. In this regard, staff begin to look for better-paid jobs that could meet growing needs. In addition, there is a constant comparison of how much they pay for the same work in one company and how much in another.

The need to retrain personnel and improve their qualifications. Nothing stands still, business is developing rapidly, new technologies are being applied, and new projects are constantly being launched. A lag in any area of ​​business immediately affects the profitability of the company and its success.

Now that we have looked at the main personnel problems, let’s try to figure out what ways there are to solve the above personnel problems.

Decent wages. Today, the average salary in the capital for qualified workers is from $500 to $1000, and for unskilled workers from $300 to $500. If the bar drops lower, it means that there may be an outflow of personnel who will look closely at other companies and, having found the same job, but better paid, will try to switch to it. Therefore, companies must constantly monitor the level of wages in their industry, in neighboring companies, and know the level of inflation in order to quickly determine when and how much it is necessary to increase wages or whether they can be kept at the same level for now.

Good benefits package for staff. This is the provision of lunches, or the presence in the company's office building of its own canteen or cafe with low prices. Rest rooms and psychological relaxation, comfortable office furniture, a sufficient number of communications equipment and computers. Medical insurance. Paying for mobile communications is very important, as well as providing various loans, vouchers to sanatoriums, holiday homes and resorts abroad. A new trend in the labor market is payment for gym and swimming pool employees. All this is important! It takes some money to provide such a social package, but it pays off, because people see specific care for them, and this reduces staff turnover. Therefore, providing people with good working conditions becomes important.

Corporate events. “Life without holidays is like a long journey without an inn.” Holidays organized in the company bring a joyful wave, a sense of belonging and community in the team. For beginners, this factor is especially important. A company that employs many people, sometimes working in different departments and communicating little with each other, will only benefit from organizing good corporate events that will help build a corporate culture and get people to know each other. In addition, event agencies organize not just holidays, but events aimed at developing and improving corporate relations.

Professional education. For companies, conducting ongoing training is a relatively new, but already characteristic factor. Few companies regularly conduct ongoing training and retraining; more often there are one-time seminars and two-day trainings. Only reputable companies regularly send their top managers to MBA training. But qualifications need to be improved regularly. Firstly, this keeps employees interested, and secondly, new technologies and modern equipment are constantly appearing, which you need to be able to work with, computer technologies are increasingly being used, and it is necessary to maintain the “professional shape” of your employees.

Psychological motivation. This is a must to emphasize the stability of the company. Company employees should know that management cares about them, shows respect, and contributes to their professional and career growth. To attract young people, the last point is important. When getting a job, they increasingly ask: “What are your career prospects?” And if the company is not developing and there are no prospects, then it will be quite difficult to get young professionals to work for you.

Analysis of the psychological climate in the company. In order to constantly “keep your finger on the pulse of the company,” you need to know the attitude of employees to all processes occurring in the company. To do this, you can distribute an anonymous questionnaire to all employees once every six months (or year), with the following questions: attitude towards management at all levels, assessment of the moral and psychological climate in the company, is there satisfaction with work and salary, if not, then why, assessment of the social package , your proposals to the company management for improving work. Then analyze the collected data, and you will receive interesting information for reflection and for improving the company's performance.

Maintaining contact with business schools, universities and colleges, attracting young personnel. Such connections allow the company to directly look for specialists, preparing senior students or investing certain funds in their training. This cooperation allows the company to constantly select new personnel for itself, and by placing orders for those specialties that are in greatest shortage in the company today.

Attracting unqualified personnel. This problem can be solved with the help of regional recruitment agencies that willingly recruit personnel in the regions.

To summarize, we can say that high staff satisfaction - high customer satisfaction - high company efficiency.

Investments in construction have recently been considered very profitable, since this business area is growing at a rapid pace. The funds invested in it pay off almost immediately; Today, the demand for square meters in Moscow significantly exceeds supply. According to 2006 data, the supply was 5 million sq. m. m. against the “desired” 40 million sq. m. m. An increase in construction volumes, however, does not automatically lead to an influx of new personnel into this sector of the economy. As a result, there is a situation of staff shortage in the market.

Personnel shortage is growing

The situation with the absence of people is typical not only for Moscow. In the Northern capital, according to recruitment agencies, the shortage of management personnel at various levels in the industry is more than 1 thousand people. And the situation in the regions is clearly illustrated, for example, by the city of Omsk, where the shortage of construction personnel is 2 thousand people.

The shortage of people in the construction profession is explained not only by market growth, but also by demographic reasons. Suffice it to recall how popular the specializations “Jurisprudence,” “Finance and Credit,” and “Management” were among those entering universities in the 90s. Construction professions were far from first on the list of priority specialties.

Firms solve personnel issues in different ways. One of the most common and cheapest - non-intellectual "labor" is imported from neighboring countries. But now the market dictates such requirements for workers and specialists as knowledge and mastery of new materials and technologies. Therefore, large construction companies and firms dealing with building materials pay great attention to the issue of personnel training and organize their own educational centers for future installers, electricians, finishers, etc.

The Moscow City Hall, headed by Yu.M., proposes to revive the system of vocational schools, of which there are very few left. Luzhkov. But this is a matter for the future, but for now...

Builders are getting more expensive

In general, 2006 was characterized by an upward trend in wages for people involved in the industry. According to the recruitment agency Unity Set, the salary increase for representatives of such professions as electricians, foremen, architects, site managers, chief project engineers, and chief project architects amounted to 16-20 percent. The difference in the monthly income of designers at the beginning of the year and at the end of the year is slightly larger - 25-27 percent.

Isolated cases stand out from the general trend. For example, the chief architect of the project, whom the company did not hire at the beginning of the year, requested a salary 2 times more when the same employer applied again 10 months later. And the company was forced to agree to his terms.

According to the St. Petersburg Institute of Regional Economics and Management, construction enterprises are especially in demand for facility managers, designers, estimators, technical supervision specialists, site managers, internal network engineers, foremen, masons, plasterers, and electricians.

In general, experts state that the situation in the personnel market has changed recently. So, if in 2003 - 2004. construction companies were most in demand for line employees, specialists related to the production and preparation of the construction process (heads of production and technical departments, site managers, heads of estimate and contract departments, etc.), then, since 2005, the demand for leading design engineers and chief specialists of the design department of various construction areas. For example, we need design engineers for pipelines and gas pipelines, small and large boiler houses, heating networks, project managers, heating engineers, and heads of technical and technical services for utility networks. Among the line personnel, there is now an urgent need for foremen who can act as an intermediary between all the specialists located on the construction site.

In addition to the “salary race,” some employers use other techniques to attract people. In particular, Moscow companies invite specialists from the regions, providing them with housing, a social package, and at the same time paying them decent wages.

All construction companies select personnel in approximately the same way: companies advertise open vacancies on the Internet, newspapers, and magazines. Employers also recruit people based on recommendations from colleagues and are increasingly turning to recruitment agencies.

The development trend of the labor market in the construction industry is such that there are fewer and fewer job seekers. If 5 years ago construction companies had enough of their own HR department to solve the problem of open vacancies, now, with a shortage of personnel, businesses are increasingly turning to the services of professionals, to recruitment agencies. Employers' demand for construction specialties is growing every year. And the number of clients from recruitment agencies is increasing. Thus, today, turning to recruiters is becoming traditional,” concludes Unity Set director Irina Semenova.

Expand your search

Along with the demand for construction vacancies, the number of recruitment agencies helping to satisfy it is growing, and entire construction departments are appearing in the agencies themselves. Hiring the services of recruiters has its advantages. Thus, the database of one agency is tens of times larger than the sample of “its” personnel employee. In addition, recruiters accurately and quickly select the specialist the company needs.

The main thing in recruiting work is to clearly understand what kind of person the company needs. It is fundamentally important to speak the same language with employers. Consultants of a good agency not only understand the customer’s wishes, they take an expert position on the issue. How is it shown? For example, sometimes a personnel specialist understands the customer’s needs, present and future, so much that even in the absence of an order, he recommends an interesting applicant for a certain vacancy in the company, says Irina Semenova.

The personnel market is growing, recruiters are improving technologies for finding the right candidates and increasing their databases of applicants. Which agency should I contact? In this situation, employers can easily get confused when looking for specialists. Therefore, some companies turn to several recruiters at once, believing that this increases the chances of finding a candidate. However, the following feature of the market is not taken into account: the number of applicants remains unchanged for all recruitment agencies. After all, a candidate looking for a job sends a resume by email to a dozen recruiting services and posts it on five to seven Internet sites.

How to choose a recruitment agency? Irina Semenova acted as an expert on this issue. When choosing an agency, in her opinion, one should pay attention to such “quality measures” of its work as the percentage of repeat orders from clients, the percentage of vacancies filled, and the percentage of replacement candidates during the guarantee period (90 days).

Personnel for growth

But recruiting agencies mainly receive applications for experienced workers with good experience and an impressive amount of knowledge. What awaits young professionals?

Last year, the Association of Builders of Russia, heads of higher and secondary educational institutions in the construction sector approached the Ministry of Regional Development, the Ministry of Education, the Federal Agency for Education, the Federal Agency for Construction and Housing and Communal Services with a proposal to optimize the system of training industry specialists. According to the professional community, today we need practice-oriented personnel who know modern technologies.

Employers refuse to hire young builders, and meanwhile specialists with extensive experience retire; some of them cannot work in harsh, dynamic conditions and do not know new technologies and computer programs.

To solve the problem of age “scissors,” when young people still “can’t” and experienced ones no longer “want,” some enterprises turn to the already established pre-perestroika practice, then factories took patronage over universities and provided their students with good internships. This experience is still relevant today. For example, the Stroymontazh corporation maintains constant contact with St. Petersburg specialized universities. Their students have the opportunity to gain experience on a construction site, and if they perform well during the internship, they remain with the company.

Today, when production volumes are increasing, new technologies are being introduced, modern production lines are being launched, the personnel shortage threatens to become a brake on the development of the construction industry. And until this situation changes, wages, as well as the demand for construction workers, according to experts, will only grow.

Press service of CC "UNITY"

The reorganization raises new personnel issues. It is necessary to develop documents for the successor and decide the fate of the staff: those who will not stay should be fired, and the rest should be agreed on working conditions

The company decided to reorganize itself (in the form of merger, accession, transformation, division, spin-off). The management instructs:

  • carry out activities directly related to the reorganization (notify the tax office and creditors, register the reorganization, etc.);
  • resolve personnel issues arising in the process of such reorganization.

The first thing to consider is that during a reorganization, employment relationships with employees do not automatically terminate. In other words, reorganization itself is not considered a basis for termination of employment contracts (Part 5 of Article 75 of the Labor Code of the Russian Federation). By the way, this is why there is no need to pay compensation for unused vacation. After all, it is believed that employees continue to work in the same organization. However, during the reorganization process, layoffs are still possible.

In any case, during the reorganization a number of issues arise in the field of labor law and personnel document flow.

Personnel issues in any form of reorganization

In the process of reorganizing a legal entity (regardless of its form), it is necessary to carry out the following personnel measures:

2) develop documents regulating labor relations in the successor organization;

3) notify employees about the upcoming reorganization;

4) terminate employment contracts with employees who stop working in connection with the reorganization;

5) prepare documents for employees who continue to work after the reorganization;

6) transfer personnel documents to the successor organization.

How to draft a staffing table

Immediately after the company makes a decision on reorganization, it makes sense to determine the structure, staffing and staffing levels of the successor organization (i.e., the organization to which the rights and responsibilities of the reorganized entity will be transferred). To do this, you need to draw up a draft staffing table.

If the reorganization is accompanied by, their positions do not need to be included in the draft staffing table (letter of Rostrud dated February 5, 2007 No. 276-6-0).

How to develop personnel documents

It is important to draw up the necessary personnel documents as soon as possible, which will come into force after the completion of the reorganization (this must be done when reorganizing in any of the forms, with the exception of certain situations during the merger process). Otherwise, such documents will need to be drawn up when the employees of the reorganized company are actually working in the successor organization. Since there will be very little time to develop and analyze the provisions of these documents, the risk of errors and insufficient regulation of relations with employees will increase. This may subsequently lead to misunderstandings and labor disputes.

Until the reorganization is completed (i.e. before), it is worth developing the following documents: Internal labor regulations, Regulations on remuneration, Regulations on material incentives, standard form of employment contract.

It also makes sense to prepare in advance additional agreements to employment contracts, the terms of which will be changed during the reorganization process. However, the employer will need to sign such agreements after the reorganization is completed.

How to notify employees about an upcoming reorganization

First, all employees must be notified in advance. This is only necessary when organizational or technological working conditions change (work and rest schedules, equipment and production technology, etc.). However, in other cases the notification will be useful.

Secondly, there are situations where, in addition to notification, it is also necessary to obtain the employee’s written consent. This is necessary if a change in the terms of the contract falls within the criteria for transferring an employee to another job.

1. Notice. It is necessary to notify an employee when, as a result of reorganization, the terms of the employment contract concluded with him change for reasons related to a change in organizational or technological working conditions (Part 2 of Article 74 of the Labor Code of the Russian Federation). This must be done no later than two months before the planned date of completion of the reorganization (the date of registration of this fact in the Unified State Register of Legal Entities). The notification is drawn up in any form (see sample 1 below).

Notice of reorganization (sample 1)

Along with the notification, it makes sense for the employee to be given an additional agreement to the employment contract (if it is drawn up in advance). This will make it possible to clearly demonstrate to the employee what changes in labor relations the reorganization will entail.

If an employee is satisfied with the upcoming changes, you can advise him:

  • sign an additional agreement before the reorganization is completed;
  • Leave a signed copy of the agreement with the HR department.

In this case, subsequently the successor organization (employer) will be able to quickly formalize personnel changes in connection with the reorganization. To do this, the employer will only need to sign additional agreements previously signed and left by the employees, as well as make the appropriate entries in the employees’ work books.

At the same time, the law does not oblige the employer to issue a notice of reorganization simultaneously with an additional agreement to the employment contract. In other words, you can notify employees even before they are drawn up. This tactic should be chosen when the reorganization needs to be carried out as quickly as possible.

If organizational or technological working conditions remain the same, it is not necessary to notify the employee. However, it is better to do it anyway. The fact is that any employee has the right to refuse to continue working in connection with the reorganization of the organization (Part 6 of Article 75 of the Labor Code of the Russian Federation). To understand in advance whether an employee will continue to work in the successor organization, you need to inform him about the reorganization. It is advisable to do this in the same manner as for mandatory notification of employees (sample 2 below).

Notice of reorganization (sample 2)

2. Mandatory consent. These rules apply when an employee is transferred. That is, if as a result of the reorganization the following changes (Part 1 of Article 72.1 of the Labor Code of the Russian Federation):

  • employee’s labor function and (or)
  • structural unit specified in the employment contract, and (or)
  • the area in which the employee works, that is, the locality within its administrative-territorial boundaries (clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

To transfer an employee, it is necessary to obtain his written consent to the transfer (Part 1, Article 72.1 of the Labor Code of the Russian Federation). It is advisable to do this in the following way: include a separate column in the reorganization notice where the employee must write whether he agrees to the transfer or not.

How to fire employees

During the reorganization process, an employee can be dismissed in two cases:

  • if the employee refuses to continue working in connection with the reorganization (Part 6 of Article 75 of the Labor Code of the Russian Federation);
  • if the reorganization is accompanied by a reduction in the number (staff) of the organization’s employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).

Can a reorganized company, on its own initiative, dismiss employees on the basis of reorganization or liquidation? No, he can not. The fact is that reorganization itself is not considered grounds for dismissal. On the contrary, the law establishes that during reorganization, employment contracts with company employees are not terminated (Part 5, Article 75 of the Labor Code of the Russian Federation). If you dismiss an employee with reference specifically to reorganization (for example, in connection with the merger of one company with another), the dismissal will be considered illegal.

During reorganization, it is impossible to dismiss an employee even with reference to the liquidation of the organization, that is, on the basis of paragraph 1 of part 1 of Article 81 of the Labor Code of the Russian Federation. After all, during reorganization, the company does not cease its activities, but only transfers its rights and obligations in the manner of universal succession. In other words, reorganization cannot be equated with liquidation.

At the same time, a reorganized company may terminate an employment contract with an employee due to a reduction in the number or staff of the organization’s employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).

1. The employee refuses to continue working due to the reorganization. The employer must obtain the employee's refusal to continue working. The employee can formalize such a refusal either in the form of an entry in the notice drawn up by the employer, or in the form of a separate statement in any form.

Based on the refusal, it is necessary to issue a dismissal order in Form No. T-8 (or in a self-developed form) and make a corresponding entry in the employee’s work book (clause 15 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

2. Reorganization is accompanied by a reduction in the number or staff of the organization’s employees. The upcoming termination of the employment contract must be announced no later than two months before the upcoming reduction in the number (staff) of employees and the possible termination of employment contracts. And if there is a possibility of mass dismissal of employees - no later than three months before the start of the relevant measures (clause 2 of article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1);

Let us recall that the Labor Code of the Russian Federation provides that the criteria for mass dismissal are determined in industry and (or) territorial agreements (Part 1 of Article 82 of the Labor Code of the Russian Federation). Many existing agreements use the criteria given in paragraph 1 of the Regulations, approved by Resolution of the Council of Ministers - Government of the Russian Federation of February 5, 1993 No. 99, as criteria for mass layoffs.

Such criteria boil down to the following. The organization is reducing:

50 or more people within 30 days;

200 or more people within 60 days;

500 or more people within 90 days;

1 percent of the total number of workers for 30 days in regions with a population of less than 5,000 people.

It is advisable to view the notification (message) form on the website of the territorial office of the employment service.

If a sample notification is not provided on the website, the message must be submitted in writing, making sure to indicate the position, profession, specialty (along with qualification requirements) and terms of payment for each specific employee.

You also need to notify:

The elected body of the primary trade union organization (if there is one) - in writing, no later than two months before the upcoming reduction in the number (staff) of employees and possible termination of employment contracts, and if there is a likelihood of mass dismissal of employees - no later than three months before the beginning of relevant activities;

The dismissed employee - personally and against his signature, and no less than two months before the dismissal (Part 2 of Article 180 of the Labor Code of the Russian Federation). At the same time, the employer is obliged to offer the employee another available job - vacant positions, including vacant lower positions or lower-paid jobs (part 3 of article 81, part 1 of article 180 of the Labor Code of the Russian Federation).

Upon termination of employment contracts, the organization must pay each employee dismissed due to a reduction in headcount (staff) severance pay in the amount of average monthly earnings (Part 1 of Article 178 of the Labor Code of the Russian Federation). In addition, the employee will retain his average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

By the way, an employee of a reorganized organization can be fired before two months have passed after the notice of dismissal due to a reduction in the number (staff) of the organization. The employer will have the right to dismiss an employee ahead of schedule if the following conditions are met (Part 3 of Article 180 of the Labor Code of the Russian Federation):

The employee will give written consent to terminate the employment contract before the expiration of two months from the date of notice of dismissal;

The employer will pay the employee additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of two months from the date of notice of dismissal.

In this case, the employee will retain the right to payments listed in Part 1 of Article 178 of the Labor Code of the Russian Federation.

How to formalize personnel changes in connection with reorganization

After the reorganization has been carried out (i.e., after the reorganization is registered), the head of the successor organization needs to issue an order on personnel changes.

If the reorganization was carried out in the form of a merger, accession, transformation or division, then the order must indicate that the employees of the organization that ceased operations during the reorganization process are considered employees of the legal successor. When reorganizing in the form of a spin-off, the order indicates that the employees of the reorganized entity who went to work for the successor are considered employees of the newly created company.

An order on personnel changes in connection with the reorganization is drawn up in free form.

In the order, the manager instructs the head of the personnel department (other authorized person):

Make changes to employee employment contracts (i.e. sign additional agreements in cases where necessary);

Make appropriate entries about the reorganization in the workers’ work books.

Additional agreements to employment contracts must be signed:

With employees who worked before registration of the reorganization in another company (reorganized legal entity). The content of the additional agreement is the changed details of the employer (Part 1 of Article 57 of the Labor Code of the Russian Federation);

With all employees whose terms of employment contracts have changed (Article 72 of the Labor Code of the Russian Federation). The content of the additional agreement is the new terms of the employment contract.

In both situations, you need to make an entry about the reorganization in the work book (letter of Rostrud dated September 5, 2006 No. 1553-6).

If the reorganization entailed the transfer of an employee, signing an additional agreement to the employment contract will not be enough. The employer will need to issue a transfer order using Form No. T-5 (No. T-5a) or an independently developed form.

The transfer order must indicate the employee’s previous and new positions. The date of the order must coincide with the date of registration of the reorganization. The employee must be familiarized with the order against signature, and it makes sense to do this on the first working day after the date of reorganization (i.e., on the day the order is issued).

An entry about the transfer must be made in the employee’s work book no later than a week from the date of the transfer (clause , Rules for maintaining work books).

How to transfer personnel documents to the successor organization

Personnel documents of a reorganized organization that ceases its activities must be kept by the successor organization. When separating, the legal successor stores part of the personnel documents of the reorganized entity.

The conditions and place of storage of archival documents of a reorganized organization must be determined by its founders or bodies authorized by them (Clause 9, Article 23 of the Federal Law of October 22, 2004 No. 125-FZ). Archival documents, in particular, include documents on personnel (clause 9 of article 23, clause 3 of article 3 of the Federal Law of October 22, 2004 No. 125-FZ).

Features of personnel changes during the merger process

The merger process always involves several organizations - two or more (Clause 1, Article 58 of the Civil Code of the Russian Federation). As a result, a new legal entity is created, for which it is necessary to develop a new staffing table and new personnel documents in advance.

It is advisable to do this together with specialists from each of the reorganized companies. In particular, it is important for the lawyer of the organization involved in the merger to interact with the lawyers of other organizations being reorganized.

Only with such interaction will it be possible to subsequently avoid disputes with employees and other negative consequences.

Features of personnel changes during the accession process

During reorganization in the form of merger, labor relations may change:

Or only for employees of the acquired organization;

Or for employees of both organizations - the one being joined and the main one (i.e., the one to which the joining is being carried out).

Labor relations change for employees of the acquired organization. This situation is typical when the main company:

Acquires a company with a similar business in another city or constituent entity of the Russian Federation (i.e., becomes its sole participant by acquiring shares or shares);

He wants to turn this company into his own.

After the main company evaluates the assets and acquires the new company, it must conduct a personnel assessment: which employees from the acquired company will be needed by the future subsidiary and which will not.

Most often, the management of the main company initially has a clear picture of how the business will be organized in the new territory. As a rule, the main company already has branches in other cities, an established structure of business processes, as well as an organizational structure adjusted to these processes and a standard section of the company’s staffing table with the number of employees required by the branch and a list of positions.

Before starting to work with the personnel of the acquired company, the main company must draw up a draft staffing section for the future branch with a specific number of employees in each division. The management of the main company needs to understand that those employees who are not indicated in the staffing table will be fired due to a reduction in the number (staff) of the organization's employees.

Then it is necessary to evaluate the working conditions in the acquired company and compare them with the working conditions in the main company: daily routine, wages, bonuses, additional vacations, etc.

To ensure that working conditions are the same in both reorganized companies, it makes sense to re-conclude employment contracts with employees of the acquired company in the version of the standard employment contract of the main company. In other words, the acquired company should change its working conditions so that they become similar to the working conditions in the main company. Moreover, it is advisable to do this even before carrying out legal measures for reorganization.

To do this, the main company must send to the newly acquired company all the necessary personnel documents (draft section of the staffing table for the future branch, Internal labor regulations in the main company, Regulations on remuneration, standard form of employment contract, etc.). Based on such documents, the head of the acquired company begins to transform it into a future branch: changes the staffing table, lays off employees, renegotiates employment contracts, etc.

If both companies have the same employment contracts and the same remuneration systems, all subsequent registration of labor relations will be much easier than in a situation where working conditions are different. Therefore, it makes sense to prepare the acquired company as a branch in advance and only then carry out merger activities in it.

Notification of employees of the acquired company, as well as translation and changes in personnel documents, is carried out according to general rules.

Labor relations change for employees of the main and affiliated organizations. This happens, as a rule, when the reorganization involves companies independent from each other with different types of activities and different structures.

In this case, the main company needs to create a new organizational structure and actually draw up a new staffing table. It is advisable to develop a staffing table together with employees (lawyers, personnel officers) of each of the reorganized companies.

Features of personnel changes during the separation process

The heads of companies created during the separation process need to issue an order on personnel changes in connection with the reorganization. This document should contain a list only of those employees of the reorganized company who are going to work for a specific successor, that is, in the company created during the division process.

Features of personnel changes during the separation process

The head of the company created during the spin-off process needs to issue an order on personnel changes in connection with the reorganization. This document should contain a list only of those employees of the reorganized company who are transferring to work for the created company (i.e., the legal successor).

The successor receives and stores personnel documents relating only to these employees (and not all employees of the reorganized entity).

Features of personnel changes in the transformation process

When reorganized in the form of transformation, labor and, if any, retain their effect. There are no grounds for terminating employment contracts with employees (Article , Labor Code of the Russian Federation).

Typically, reorganization does not change the conditions and procedure for remuneration of employees. But if the place of work changes - the company’s address, position, payment terms and other conditions, then additional agreements to the employment contracts must be drawn up on behalf of the new employer. Employees must be notified of upcoming changes no later than two months in advance. Also on behalf of the new employer. Employees must be notified in the same manner if there is a need to reduce staff.

You need to make an entry in your work books about the transfer of employees to a new company due to reorganization. Column 3 of the book may contain the following wording: “The closed joint-stock company “Mir” has been transformed into a limited liability company “Mir” (LLC “Mir”) since October 1, 2017.”

Personnel issues during reorganization, which takes place in a short time

It often happens that the company’s management sets the task of registering the reorganization within a specific time frame. At the same time, there is not enough time to carry out personnel activities and prepare personnel documents. Let's look at the most typical problems that can be encountered in the process of urgent reorganization and ways to solve them.

1. There are no documents regulating labor relations in the successor organization.

It is necessary to develop and approve, first of all, the following documents as soon as possible: Internal labor regulations, Regulations on remuneration, Regulations on material incentives, a standard form of an employment contract.

2. New structural divisions emerge

It is necessary to sign additional agreements with employees transferred to a new structural unit. It is also necessary to approve the Regulations on this division (for example, the Regulations on the branch) and familiarize all its employees with the new job descriptions. It is likely that many documents will have to be completed retroactively, since employees will not be ready for such drastic changes, will take time out to familiarize themselves with the documents issued for signature, and also consult with the union.

3. Conflicts and misunderstandings arise with the trade union

It is important to explain to trade union leaders the complexity of the reorganization measures and all the nuances of the documents being drawn up. If you establish a relationship with the trade union, it, in turn, will be able to reassure workers and give them a guarantee that work and wages will remain at the same level.

4. Employees refuse to sign personnel documents and go on vacation and sick leave.

It makes sense to organize a house-to-house visit of employees to obtain the necessary signatures.

If in this case the employees refuse to sign, decisions regarding such personnel will need to be postponed until they return to work.

If such an exit does not take place soon (for example, if employees are on long-term leave to care for children), new employees can be hired to replace the employees on fixed-term contracts. However, as employees return from vacation, it will be necessary to carry out organizational and structural measures and change the staff.

5. Employees quit and/or argue with the employer

It is important to adhere to the principle of maximum openness for employees.

It makes sense for all company lawyers, including those who work in separate divisions, to organize meetings with work teams and clearly explain the procedure for carrying out reorganization measures. It is best to give such explanations using visual presentations, where each slide will contain information about a particular stage of the reorganization.

At the same time, you should not limit yourself to explanations and legal advice alone. The best option is when the company's management and its other departments in addition to legal (HR, financial, etc.) are involved in the process of interaction and dialogue with employees. Moreover, if the company has a corporate publication (website), it should be used to publish plans related to the reorganization and its results.

Even with a full-fledged staff service, in order to save time and money, maintain security and confidentiality, the resolution of some issues can be entrusted to third-party organizations. Such issues include: search and selection of personnel, their training, certification, conducting research on the labor market. If your organization does not have a personnel department, let's get to know those who help resolve personnel issues professionally. It can be:

  • Recruitment agencies (services paid for by the employer)
  • Employment agencies (payment is made by both the employer and the applicant)
  • Agencies specializing in the selection and employment of workers in certain professions

What are the advantages of contacting recruitment agencies over self-selection?

  1. They have extensive databases of applicants for various professions (which significantly reduces the time it takes to fill vacancies)
  2. They have experience in selecting rare specialists (they know where to look)
  3. Will take hundreds of calls from candidates and make selections according to customer requirements
  4. Will provide complete resumes of specialists that meet the customer’s needs
  5. Conduct a preliminary check of applicants' references
  6. They will take care of organizing the interview, as well as all the necessary procedures, including refusing candidates.

During the application process, several people will work for you for one to three weeks, 8 hours a day! Lists of specialists from the database will be selected. Ads were placed in the best and trusted sources (media, Internet). Individual funds developed by each agency will be used. About ...hours of telephone time were spent on one application. Preliminary interviews were conducted with a large number of candidates. Persons who abuse alcohol or use drugs will be sifted through the “sieve” of recruitment agencies; previously brought to criminal liability, whose criminal record has not been expunged; those that have not passed the usual visual control for compliance with the customer’s corporate standards, etc. etc., not counting simply unskilled workers. Applicants are checked according to many parameters before being admitted to the employer.

What does a customer need to do to use the services of recruitment agencies? To begin with, the secretary can collect information by phone:

  • Recruitment conditions
  • Selection deadlines
  • Guarantees

In addition to objective information expressed in numbers, days and rubles, pay attention to how they talk to you on the phone, whether consultants are ready to come to your organization, and whether they inspire confidence in you. You can also ask for recommendations from past clients of the agency. Be sure to read the contract and discuss key points.

Now you can talk about who you need. The consultant will help you draw up an application with the requirements for a specialist, as well as formulate all the parameters that should not be there. The employer has the right to maintain complete confidentiality when recruiting personnel. Applicants are provided with all information about the vacancy, except for the name of the customer company. After a specified period of time, you study the received resumes and decide which of the candidates you are ready to meet with and set a time. It is convenient to come to an agency for an interview, where applicants will be invited to you at certain intervals. For a better choice, the head of the department for which candidates are being considered and other significant specialists may be present during the interview. The result of the interview is usually reported to the agency after a short period of time, 1-2 days. The guaranteed period of free replacement of a specialist by the agency is from 2 to 6 months. There are various forms of payment. Comfortable. Try it!

Very often, large companies can understand the reason for staff turnover. After all, the salary level is average for the region, and the core of employees is very strong in their professionalism and human qualities. However, employees still leave. The reason for this may be the ineffective http://www.toptalentagency.com.ua or its absence.

Criteria for evaluating the performance of employees and managers of TopTalentagency

There are certain criteria that allow you to evaluate the activities of the head of the enterprise and all personnel. To obtain reliable and up-to-date information, strict adherence to all criteria will be required. It is worth noting that the indicators can be applied both to all employees and to specific positions. Naturally, the characteristics of a manager’s activities are fundamentally different from the requirements that are presented to an ordinary employee. That is why there are no universal criteria. They can be divided into groups: business, professional, moral - psychological and specific. To assess the effectiveness of activities, questionnaires, a scale of behavioral attitudes, descriptive methods, assessments based on a given choice and a decisive situation are used. To facilitate the task of searching and selecting the right personnel, there are specialized companies, such as TopTalentagency. This agency was founded three years ago and during this time it has already filled more than 500 vacancies. It should be noted that they belonged to both domestic and international projects.

Expert in a specific market segment

Each agency specialist is assigned a separate market segment in which he has certain experience and practical skills. Thus, the recruiter understands all the features of the market entrusted to him and takes them into account in his work. This strategy led to the creation of our own database of candidates for projects. In addition, TopTalentagency additionally attracts consultants when it comes to a narrow specialization. This happens on an outsourcing basis. This ensures high-quality results.

In their activities, agency specialists use international experience and innovative tools in the initial assessment of candidates for positions. It is worth noting that TopTalentagency experts are professionals in their field and are focused exclusively on the most effective result.