Cut on the day off when to fire. Dismissal due to staff reduction. Nuances. How to behave correctly. What day is considered the last when cutting

As a general rule, the employer dismisses an employee due to a reduction in the number (staff) on the day specified in the warning given to this employee. In our opinion, if the employer on the day recorded in the warning did not exercise his right to dismiss the employee, then by analogy with the norm of part six of Art. 80 of the Labor Code of the Russian Federation, the employment contract continues. If, after missing the term for dismissal, the employer has not abandoned the intention to reduce the corresponding staffing unit, then the dismissal procedure should be restarted. In particular, the employer must once again notify the employee against signature of the expected date of dismissal at least two months before this date.

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There are no special rules for calculating the term of the notice of dismissal in connection with the layoff, therefore, it is calculated on the basis of general norms (Article 14 of the Labor Code of the Russian Federation) (see also the definition of the Volgograd Regional Court of 03/02/2011 N 33-2886 / 2011).

Dismissal on a weekend or holiday (Kurevina L

However, since a lot of litigation arises in connection with the postponement of the day of dismissal to another day due to its coincidence with the day off, we recommend that employers avoid such situations if possible, in particular when dismissing at the initiative of the employee. To do this, even at the stage of accepting the application, you need to ask the employee to indicate the date of dismissal, which will be his last working day. And the employee, before writing a statement, should count 14 calendar days and one day according to Art. 14 of the Labor Code of the Russian Federation. If the day of filing the application falls on a weekend, it just needs to be postponed, since by virtue of Art. 80 of the Labor Code of the Russian Federation, the notification period should not be exactly two weeks, but at least two weeks.

Where is it said? Paragraph 4 of this article clearly sets out the procedure for regulating legal relations in the event that the last day of the term falls on a non-working day. 2 examples. In case of an administrative offense, a person has the right to appeal against the decision to engage within 10 days, if, for example, the 10th day (the last day of appeal) falls on Sunday, then it is postponed to Monday and it turns out that formally the person had not 10, but 11 days. Second example. For example, filing a claim with a demand to return cash for goods of inadequate quality (we submit a claim on November 17, within the period from the next day - the end of the period on November 27), the seller must satisfy the requirements by November 27, but if the seller has this day off, then the last day will be exactly November 28. In the first case, the complaint will be obliged to accept on the 11th day, and if they refuse, the court or a higher court, with sufficient arguments, recognizes such a refusal to be illegal, in the second case, the consumer will not be able to collect a penalty.

Dismissal on a non-working day: how not to violate labor laws

Consider another option for a way out of this situation - to issue an order on the first working day after the weekend specified in the notice of dismissal, and on the same day to fulfill the requirements of Art. 47 Labor Code. This will also help to avoid violations, but it has other unpleasant consequences. In particular, a person dismissed “late” can apply to the court with a request to move the date of dismissal, citing the fact that he considered the decision to dismiss him as canceled, and therefore stopped looking for a job.

The date of dismissal in the case under consideration will depend on how the notice is worded, namely, the specific date of dismissal (January 10, 2015) or the period of time after which the employee must be dismissed (for example, two months) is indicated.

Dismissal on a day off

- send him a notice of the need to appear for a work book or agree to send it by mail (part 6 of article 84.1 of the Labor Code of the Russian Federation). From the date of sending the specified notification, the employer is released from liability for the delay in issuing a work book;

Is it possible to fire an employee on a day off of his own free will

What nuances should be considered in such a situation? If an employee leaves "on his own", then in 2 weeks he can change his mind. Thus, an unpleasant situation will turn out, at the same time they will go to work new employee and the old one who decided not to quit. To prevent such a situation from arising, it is worth registering a new specialist according to all the rules.

The day of dismissal fell on a day off: the actions of the employer

Does the day of dismissal fall on the day off according to the schedule? Or is it just a generally accepted legal holiday? In such a situation, it is recommended to put down in the order of dismissal on the last working day the one that was actually worked by the citizen. Accordingly, all actions are carried out with just such a dating. Hiring saves employers a lot of problems.

If the day of dismissal due to redundancy falls on a day off

The notice usually always states the date of dismissal. Meanwhile, we must not forget that a warning two months in advance is only the minimum period for which the employer is obliged to warn the employee about the upcoming layoff, you can safely warn three months in advance. Labor law does not prohibit this.

Reduction day falls on a weekend

State holidays and holidays days (part 1 of article 147) falling on the vacation period are not included in the number of calendar days of vacation and are not paid. As you can see, Art. 151 does not provide for any exceptions in terms of inclusion in the duration of the vacation holidays and public holidays on weekends.

What is the day of dismissal under the Labor Code and what to do if the day of dismissal falls on a day off

The issue can be resolved differently if the intended day of departure falls on a holiday. The holiday period can last for several days, as a result of which the working off is delayed. This situation is usually resolved by agreement of the parties. An employee, by his consent, can be fired earlier, that is, on a working day before the holidays.

Reduction date falls on a weekend

- Long holidays greatly affect industrial production, which annually in January alone loses about 10% of its revenue. With the adoption of the bill, the number of rest days will decrease, which will partially solve the problem of reducing the working time fund ”.

Layoffs and layoffs

For example, in the event of a layoff, the employer may terminate the agreement on the date the two-month notice period ends. At the same time, a number of court decisions were made in favor of the employee. In them, the court referred to Article 14 of the Labor Code of the Russian Federation. The decision in favor of the employer is based on Art. If the last day of work is a day off, the employer may oblige the employee to take a shift on weekdays. This rule is spelled out in the Labor Code and respects the rights of both parties.

If the day of dismissal falls on a weekend: what to do

Personnel officers often refer to part 4 of article 14 of the Labor Code of the Russian Federation "Calculation of terms" and apply it precisely when the day of the expiry of the term of the notice of dismissal falls on a day off. But taking into account the above reasoning, the employer's obligation to apply to dismissal falling on a day off, the provisions of part 4 of article 14 of the Labor Code of the Russian Federation on postponing the dismissal period to the next day after the day off is absent. In this case, the last day of work of the employee for this employer will be a day off, and the last working day - the working day before the weekend.

N 922 (hereinafter referred to as the Regulation). The average earnings are determined by multiplying the average daily earnings by the number of days (calendar, workers) in the period to be paid. Average daily earnings in this case is calculated by dividing the amount wages, actually accrued for the days worked in the billing period, by the number of days actually worked during this period (clause 9 of the Regulations). In our opinion, since the actual days worked were used to calculate the average daily earnings, the average daily earnings must be multiplied by the number of working days in the period payable to determine the average daily earnings. in the payable period, confirmed by the Supreme Court of the Russian Federation (decision of May 25, 2006 No.

What day is considered the last one when shortening?

See, for example, the ruling of the Moscow City Court dated 04/14/2011 N 33-7225; a certificate on the results of summarizing the practice of consideration by district (city) courts of the Kaliningrad region of civil cases related to the resolution of labor disputes; summary of the results of generalization judicial practice in cases of reinstatement at work, considered by the courts of the Samara region in 2008. In our opinion, it is more correct to introduce a new staffing table into effect the next day after the dismissal of workers, since on the last working day (the same day of dismissal - part three of Art. 84.1 of the Labor Code of the Russian Federation), the employee is still performing work according to his position (profession, specialty).

Layoff day for redundancy

In the case under consideration, the date of approval of the new staffing table must be before November 10, 2014 (the day of delivery of notifications of the upcoming dismissal to employees). See, for example, Bulletin of Judicial Practice of the Omsk Regional Court No. 3 (44) 2010; generalization of the practice of consideration in the 1st half of 2008 by the courts of the Saratov region of cases on termination of an employment contract on the initiative of the employer and on other grounds not related to the will of the employee; review of the judicial practice of the Supreme Court of the Republic of Kalmykia on the consideration of civil cases in cassation and supervisory procedure in 2008. At the same time, the analysis of judicial practice shows that the termination of employment contracts with employees under paragraph 2 of part one of Art. 81 of the Labor Code of the Russian Federation is recognized as legal if the new staffing table entered into force on the day of dismissal of employees or the next day after their dismissal, but not later.

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At the same time, labor legislation has not established a ban on the introduction of a new staffing table into effect on a day that is a day off. labor law, collective agreement, agreements, local regulations. Thus, the employee is paid the salary established labor contract, in accordance with the employer's wage systems. The procedure for calculating average earnings for calculating severance pay and average earnings for the second and third months of unemployment is determined by Art. 139 of the Labor Code of the Russian Federation and the Regulations on the specifics of the procedure for calculating average wages, approved by the Government of the Russian Federation of December 24, 2007 No.

Day of layoff in case of redundancy.

In this case, the working and non-working days of a specific employee are taken into account (cassation ruling of the IC in civil cases of the Moscow City Court of July 8, 2010 in case No. 33-20544). Consequently, an employee for whom Saturday, January 10, 2015 is a day off, leaves the next working day. With a five-day working week with days off on Saturday and Sunday, the day of termination of the employment contract will be Monday - January 12, 2015. If the notification specifies a specific date - January 10, 2015, then in this case there are no time limits to be calculated and Art.

14 of the Labor Code of the Russian Federation, as a general rule, the employer dismisses an employee due to a reduction in the number (staff) on the day specified in the warning given to this employee.

Last working day upon dismissal due to redundancy

The day of termination of the employment contract in this case should be Saturday - January 10, 2015 However, it should be noted that some courts have a different position on this issue and do not consider the postponement of dismissal to be unlawful (appeal ruling of the Investigative Committee on civil cases of the Supreme Court of the Republic of Bashkortostan dated 04.25.2013 in case No. 33-5435 / 2013; cassation ruling of the Investigative Committee on civil cases of the Perm Regional Court dated 01.03.2011 in case No. 33-1752 / 2011; appellate ruling of the Investigative Committee on civil cases of the Supreme Court of the Republic of Mordovia dated 10/04/2012; appellate ruling of the Investigative Committee on civil cases of the Rostov Regional Court of 12.11.2012 in case N 33-13164). with the exception of which employees are dismissed, must already be approved before the start of measures to reduce the number of (staff).

What is the last working day with a layoff

Labor Code of the Russian Federation with the payment of severance pay in the amount of the average monthly earnings. " Here, I think the exception from the staff probably needs to be changed as people are fired, but in the order in the order to reduce the number or staff, write before when to notify and whom to reduce. I want to draw the attention of the moderator to this message, because: Sending a notification ... natalie [email protected] 2 h. 1 tbsp. 81 of the Labor Code Russian Federation) not earlier than 30.08.2013, after two months from the date of delivery of this notice. " And if the employee does not get sick and reads the notification, for example on 06/26/2013, then the date of dismissal will be 08/30/2013, but this date was not indicated in the notification .... There were already 2 reductions in my account the same place work, but 2 years have passed and everything seems to be for the first time ...

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Labor Code of the Russian Federation) on August 30, 2013, upon the expiration of two months from the date of delivery of this notice, with the payment of the average monthly salary and keeping it for the period of employment, but not more than two months. I want to draw the attention of the moderator to this message, because: The notification is being sent ... # 4 June 25, 2013, 10:01 The deadline should be calculated by general rules Art. 14 of the Labor Code of the Russian Federation. Problems in connection with dismissal after the date specified in the notification, due to the fact that this date falls on a day off, the courts do not see: the appeal ruling of the Bryansk Regional Court of August 23, 2012, but if you try to dismiss the employee before the date the expiration of the notice period, then this is where you may have problems: the appellate ruling of the IC in civil cases of the Vologda Regional Court of July 11, 2012 No.

in case no. 33-2749 / 2012.

You can add a topic to your favorites and subscribe to email notifications. Ekaterina Russia, Kaluga # 1 June 25, 2013, 9:28 No ratings Good afternoon, dear colleagues !!! Please help me with this question. At our enterprise, measures are being taken to reduce the staff, changes in the SR will be introduced into force from September 1, 2013 (Sunday).

The question arises as to what date of dismissal to write in the notice of reduction: August 30, 2013, i.e. the last day of work according to Art. 84 of the Labor Code of the Russian Federation or September 2, 2013, according to Article 14 of the Labor Code of the Russian Federation (if the last day of the term falls on a non-working day, then the next working day following it is considered the end of the term) Thank you very much in advance for your answers !!! I want to draw the attention of the moderator to this message, because: Sending a notification ... natalie [email protected] and fire workers on 30.08.
Do not bother with this: "... then the next working day is considered the end of the term)", because the issue is very controversial and left to the mercy of the court - according to the idea, if the employee is not dismissed due to the reduction of staff on the day specified in the notice, to be dismissed the next day is not legal (exception: the employee is on vacation, on b / l) ... I want draw the attention of the moderator to this message, because: The notification is being sent ... Ekaterina Russia, Kaluga # 3 June 25, 2013, 9:36 am Natalie, thank you for your prompt reply))) So in the notification I write: "Thus, the employment contract with you will be terminated due to the reduction in the staff of the organization (p.

2 h. 1 tbsp.

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The employee was served with a notice of the reduction of his position on October 3, 2011. He was dismissed in connection with the layoff on December 2, 2011 with the payment of all compensation due to him upon dismissal. Now the employee insists that he should have been fired on December 5, 2011, since December 3, 2011 falls on a Saturday, that is, a non-working day. Is the employer right to fire the employee on the reduction on December 2, 2011?

Answer

A notice of redundancy is given to the employee at least two months before the dismissal. Consequently, at least two months must elapse from the date of delivery of the notice to dismissal.

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It is good when an employee is seen off with gratitude for his work, but in some situations, the company’s management carries out layoffs fraudulently.

Citizens often do not know their rights and therefore allow them to be violated.

In order for the dismissal to take place legally, you must be aware of the main points of this procedure.

What it is?

Reduction of the working staff is a procedure provided for by labor law. Dismissal by reduction must necessarily take place in accordance with the Labor Code.

At the same time, the employer's failure to comply with any of the conditions may result in the reinstatement of the dismissed employee in his position.

In addition, the employer will be obliged to pay wages to the illegally dismissed person for the entire period of his forced absence (from the moment of dismissal to reinstatement).

Often, disputes over dismissal between an employer and an employee turn into legal proceedings.

At the same time, in many cases, the courts side with former employees.

What does the law say?

The issues related to downsizing are regulated by the Labor Code.

The main aspects are contained in the following articles:

B and contains the requirements for dismissal and describes the procedure for the implementation of the procedure, as well as provisions on severance pay.
The Labor Code of the Russian Federation contains security guarantees in case of dismissals.
The Labor Code of the Russian Federation describes the provisions regarding the reduction of workers who were employed in seasonal work.

Employee rights

There are also a number of categories of workers who have the preferential right to keep them in their positions. Therefore, if the position is liquidated, the employer will be obliged to offer such employees a different position.

These include:

employees who have suffered illness or occupational injury while working in the company;
persons with dependent 2 or more disabled citizens;
employees who are the only suppliers of the family;
disabled combatants;
employees who were sent by the employer to improve their qualifications.

Foundations

Redundancy layoffs are carried out if one of the following situations occurs:

reduction of staff units for a specific position;
complete elimination of the position.

Dismissal on redundancy

According to the legislation in force for 2020, the employer is not obliged to argue the reasons that led to the reduction of staff or positions.

Of the state

Staff is the total number of all positions in the firm.

Staff reductions sometimes occur for reasons beyond management's control. However, in any case, the manager is obliged to follow the provisions of the Labor Code.

In some cases, staff reduction does not imply dismissal, but only the redistribution of the number of full-time employees.

Positions

The reduction of posts means their removal from the staffing table. A new staffing table is drawn up and approved, in which the old positions are absent.

Pensioners

Dismissal of persons retirement age in connection with the reduction of staff is made on a general basis.

They, like other employees, can qualify for severance pay from the organization and unemployment benefits from the Employment Center.

Minors

The order to dismiss a minor is considered legal only in cases of complete liquidation of the organization, or if the State Labor Inspectorate for persons under 18 has agreed to do so.

In all other situations, it is impossible to fire a minor due to staff reductions.

Step-by-step instruction

The law provides for a certain procedure for the dismissal of employees in connection with a reduction in staff.

Following it can serve as a guarantee that employees will not go to court for illegal dismissals:

First, a staff reduction order is issued. It should contain a list of positions subject to reduction, as well as indicate the persons responsible for the dismissals. The form of this document is arbitrary.
A new staffing table is being created according to the form No. T-3. It should reflect: the number of staff members, positions, as well as rates and salaries.
After that, an order is issued, which serves as the basis for the introduction of a new staffing table. Basically, this document serves to inform employees about the start date of the new staffing table.
Personal files of candidates for dismissal are being raised. A commission is being assembled to analyze whether candidates have preferential rights to remain at work. Based on the results of the meeting of the commission, a protocol is drawn up. The protocol should contain conclusions about the undesirability / impossibility of dismissing employees from the downsized position.
Employees are notified about layoffs. All persons mentioned in the notification must sign it as a fact of acquaintance.
For those employees who have decided to terminate the employment contract ahead of schedule, before the deadline for dismissal, consent to early termination is required. They send it to the employer in writing.
After that, a notification is sent to the employment service and the trade union.
In the event that the employer has vacancies- the downsized employees may receive an offer to take them.
When all disputes are resolved, it is issued in the form No. T-8 on termination of contracts with employees.
The dismissed employee makes an entry in the work book with reference to paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation.
The dismissed workers are supposed to transfer all necessary payments.

Together with the work book, employees can be issued certificates on the amount of their wages for 2 years preceding dismissal.

If an employee subject to military registration was dismissed, then within 2 weeks the employer is obliged to notify the military registration and enlistment office.

If an employee was dismissed, from whose earnings the amounts under the writ of execution were withheld, then it is necessary to notify the bailiff as soon as possible.

Notification

Notification of staff or positions to employees must be issued no later than 2 months prior to the effective date of the new staffing table. It must include a list of all dismissed persons.

If an employee hired for seasonal work is subject to reduction, then he must be notified of dismissal 7 calendar days before the appointed date.

If an employee leaves with whom a fixed-term employment contract was concluded that is valid for less than 2 months, then he must be notified at least 3 days before the date of dismissal.

Paperwork

When dismissing employees due to staff redundancy, it must be issued required list documents.

When registering them, the employer must adhere to certain deadlines. So, for example, at least 2 months should pass from the moment the order on staff reduction is issued to the procedure for dismissing employees.

Procedure and terms of payments

The dismissed employee is entitled to the following types of payments:

Salary for the last month of work, as well as for unused vacation. It is expected to be paid no later than last day employee work.
Severance pay. It is paid by the employer within 3 months after the layoff in the event that the dismissed employee does not find new job... The first time the allowance is paid in advance, together with the calculation when the employee is dismissed.
Reduction benefits. Paid if the employee registered with the Employment Service and did not find a job within 3 months after the layoff. Payments must come from the Employment Service starting from the 4th month of unemployment.

Benefit amount

The severance pay is equal to the employee's average monthly earnings.

Unemployment benefits are calculated as follows:

from 4 months of unemployment to 7 inclusive - 75% of the average monthly wage;
4 months after the above period - 60% of the average monthly salary;
next months - 45%.

Who can't be fired?

There are several categories of citizens who have so-called “security guarantees”. They cannot be dismissed, except in the case of the complete liquidation of the company.

When the position is liquidated, then the persons falling under the protection guarantees, the management of the company should offer to take up another vacant position.

The new position should be identical to the old one in terms of remuneration, and also equal in terms of qualifications.

pregnant employees;
mothers of disabled children under the age of 18;
mothers of children under 3 years of age;
single mothers raising children under the age of 14;
employees who are raising children under the age of 14 without a mother;
minor employees;
employees on vacation;
temporarily disabled employees.

Employee guarantees

The legislation provides for some guarantees for those employees who were forced to fall under the reduction of staff in the company. Basically, they are related to the fact that the employee is given a period that allows him to find a new job.

In addition, the employer can offer the employee whose position is being liquidated to take vacant place in the firm, if available. If the company has several branches, then the management may offer the employee to work in one of them.

Also, the dismissed employee can qualify for benefits.

When can you sue your employer?

Among other ways to terminate an employment contract, redundancy dismissal stands out. The fact is that among other types of dismissal provided for by the Labor Code (Labor Code of the Russian Federation), this is the most time-consuming, but at the same time, perhaps the most guaranteeing the observance of the employee's rights.

Tom, what an employee and employer need to know when downsizing, and I dedicated this article.

The dismissal of an employee for staff reduction in the Labor Code of the Russian Federation is included in Article 81, which considers all cases when an employment contract is terminated by the employer.

○ Dismissal due to staff reduction.

✔ TC on dismissal due to staff reduction.

Article 81 of the Labor Code of the Russian Federation combines both cases of dismissal for absenteeism, violation of discipline or labor protection measures, and cases when an employee leaves, although he is not guilty of anything (these include, in addition to downsizing, the liquidation of an organization, for managers, their deputies and chief accountants - change of the owner of the organization).

The Labor Code of the Russian Federation does not decipher what is the difference between downsizing and downsizing. In practice, the difference is also insignificant and consists only in the fact that with a reduction in the number of positions in staffing table is preserved, but there will already be fewer workers on it (for example, instead of three managers, one department remains in the department).

With a reduction in staff, a specific position is generally excluded from the schedule (for example, the position of a personnel officer is abolished at an enterprise, and his duties are transferred to an accountant).

✔ Who can and cannot be reduced?

Despite the fact that the reduction in the number or staff of employees depends entirely on the initiative of the company's management, the law provides for certain benefits for a number of categories of employees.

I'll tell you more about them below. In the meantime, I will say that when reducing, there is a rule about predominantly leaving the workplace... Art. 179 of the Labor Code of the Russian Federation provides that first of all workers with lower qualifications and lower labor productivity should be dismissed in case of redundancy.

In practice, this usually means that reduce primarily employees with less work experience as seniority usually implies experience.

When reducing, the results of qualifying exams, the education of the employee (in the same position, an employee with higher education will enjoy an advantage over a colleague with an average special), as well as the indicators achieved by each of the employees in the previous period.

The Labor Code of the Russian Federation and other acts also require that the following employees enjoy the advantage when leaving work:

Having disabled children.
Single mothers and fathers.
The only breadwinners.
Suffering from an injury or an occupational disease received in this enterprise.
War invalids.
Heroes of the USSR and the Russian Federation, holders of the Order of Glory.
Victims of the Chernobyl disaster and the Semipalatinsk trials.
Improving qualifications in the direction of the organization, combining training with work.
Employees-inventors (oddly enough, the USSR Law "On Inventions in the USSR" is still in effect in this part).

In addition, some employees cannot be dismissed by their employer at all except by on their own, agreement, or for misconduct.

With regard to the reduction, in addition to the usual benefit recipients, members of the management of trade unions not lower than the workshop level cannot be dismissed.

It is prohibited to dismiss the elected representatives of the collective of employees who participate in the resolution of disputes with the employer.

✔ The main reasons for the reduction.

The law does not directly establish in what cases the employer has the right to reduce the number or staff of employees.

The Constitutional Court of the Russian Federation, in its ruling No. 867-О-О of 18.12.2007, established that this is the employer's right in cases when it is required by economic necessity.

However, in turn Supreme Court RF, by definition of 03.12.2007, No. 19-B07-34, introduced a rule that in the event of a dispute, the court has the right to verify the necessity and validity of the reduction.

Thus, an employer wishing to take such measures needs to order on the reduction, indicate for what reasons the dismissal is made.

As a rule, the reasons forcing to lay off workers are:

Low profit of the enterprise and inability to pay salaries to the previous staff.
Low efficiency of the previous staff and the presence of posts that are not needed.
Changes in the technology or organization of production, in which some of the workers are unclaimed.

✔ The necessary conditions.

Dismissals of workers to lay off are possible provided that the employer meets a number of conditions

Full and strict adherence to the reduction procedure prescribed by law.
If the enterprise previously concluded collective agreements with employees, or the employment contracts of the dismissed contain additional guarantees upon dismissal - they must also be respected.
Justification of dismissal.
As already mentioned, in the event of a dispute, the court has the right to check to what extent the dismissal was justified economically and organizationally.
Employment service notification.
Separately, this point is worth highlighting, since some employers manage to completely forget about this requirement, as a result of which they are then forced to pay fines and pay employees for forced absenteeism.

✔ The procedure, procedure and rules for dismissal for redundancy.

Reduction of staff for any enterprise is a rather complicated procedure, and a violation at any of its stages is fraught with a fine or legal proceedings for the employer.

Dismissal should be made in the following order:

The management of the enterprise issues an order on the planned reduction at least two months before the employee is to be fired (Article 180 of the Labor Code of the Russian Federation). Each of the employees to be dismissed is warned personally about the expected reduction and reads the text of the order against signature. However, one should not confuse the order to lay off the staff with the order to dismiss. specific employee- such orders are issued much later, when the deadline for dismissal is approaching.
Employees who are subject to layoff, the management of the company is obliged to offer any other position that meets the qualifications of the dismissed employee. It should be remembered that the offer of another job is not a one-time action: the employer is obliged to notify the dismissed about the vacancies that open at the enterprise up to the very termination labor contract... The employee must either accept the offer and continue working in another position, or refuse - and the refusal must also be recorded in writing, with the date and signature of the employee.
The employer notifies the trade union organization, if such exists in the enterprise. The notice period is the same as for workers, but in the event that a mass layoff is planned, the trade union should be warned not two, but three months in advance. This rule is established by the definition of the Constitutional Court of the Russian Federation. In turn, the trade union must express its opinion on the dismissal within seven days. If the trade union does not agree to lay off workers, then according to the law, positions must be agreed within three days. If, in this case, no agreement was reached, the employer has the right to dismiss the workers, but the trade union can appeal this decision to the Federal Labor Inspectorate (Rostrudinspektsiya). The inspectorate, in turn, may recognize the dismissal as illegal and demand the reinstatement of the dismissed at the previous place of work with payment compensation and for forced absenteeism. The decision of the Federal Labor Inspectorate can be appealed by the employer in court.
In addition to the trade union, the employer also warns the employment service within the same terms (two, in case of mass dismissal - three months).
If within two months the employee has not agreed to any of the vacancies offered to him, the employer issues an order for dismissal to reduce the staff. The order is usually issued according to the unified form T-8. In this case, the employee is issued employment history, the salary is paid for the days worked for the last month of work and compensation for the unused vacation days (depending on the time worked since the last vacation). The most important thing is for the employee in accordance with Art. 178 of the Labor Code of the Russian Federation is paid severance pay... Its size is not less than the average monthly salary, but according to an employment contract or collective agreement with employees, the allowance can be increased.
If an employee, after dismissal, registered at the labor exchange, but was not employed, the former enterprise continues to pay him the average monthly salary for two months (but deducting the severance pay already received).
If the employee agrees, he can resign on the reduction and before the expiration of the two-month period. In this case, the employer pays him, in addition to the severance pay, also the salary for the unworked time between the day when he actually quit and when he should have quit according to the employer's plan. In addition, the employment contract or collective agreement may provide for other benefits for the reduction of staff.

The order on the planned dismissal for redundancy - not less than two months in advance;
Employment service warning and trade union organization(if it is at the enterprise) - not less than two months, in case of mass dismissal - not less than three.
The deadline for the payment of wages for the worked part of the month, compensation for unused vacation and severance pay is no later than the day of dismissal.
Payment terms average salary for an employee registered with the employment service, but not employed - up to two months.

Violation of these terms can lead to a fine for individual entrepreneurs - up to 50 minimum wages, for legal entities- up to 500 minimum wages.

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