To optimize the number of employeesemployers employ a tool such as staff reduction. Payments received by mercenaries during and after the termination of the contract, financially provide them during subsequent employment. In order to avoid violation of workers' rights, it is important to accurately calculate the amount of funds transferred. This article will help to properly organize staff reductions to the head of the company, and employees - to protect their interests.
The concept of
During the crisis, a significant reorganizationliquidation and bankruptcy, the company is forced to change the number of employees. Formally, this procedure is called "staff reduction". Payments, which a dismissed employee may claim, are designed to protect workers' rights, to provide them for the period of subsequent employment. The employer can not deny the reduced person in the provision of such funds - incorrect calculation of the amount or unwillingness to fulfill their duties for the financial support of mercenaries can cause the latter to apply to the court.
Despite the fact that the superiors gave the day offallowances and wages, the reduction of certain persons is prohibited. This applies to socially vulnerable groups of people who face certain difficulties during their employment.
The laws of the Russian Federation do not require the employer to haveclear justifications for making staff cuts. Payments received by employees in this way of terminating the employment contract protect their rights and maintain their financial position.
According to the court practice, the employerit is allowed to reorganize the structure of the state, the schedule of activities, select personnel, change the number of employees at their own discretion. Thus, it can improve the efficiency of production, make the management of the company more efficient and rational. An obligatory condition in this case is the impossibility of violating the rights of employees provided for by the Russian TC.
Stages of reduction
The reduction in the number of employees is carried out according to certain rules:
- The employer issues an order to change the amountemployees or staffing. The document should include information on the positions subject to reduction, the time of termination of the contract and the persons responsible for the process of excluding employees.
- Compilation and delivery of mercenaries notification, whereall necessary information about the dismissal procedure should be indicated. At the same time, the transfer of the document to the employee must take place no later than 2 months before the date of exclusion. At the same time, the latter must leave a signature confirming that he is familiar with the text of the notice.
- The person being cut must be offered anotherposition, if the employer or other companies with whom he has signed the collective agreement, there are vacant seats suitable for the qualification officer. This stage is mandatory, since in the event of non-fulfillment of this condition, termination of the contract is considered illegal.
- A few months before the dismissal processTo inform the Center of employment and trade union about the planned reduction. For CZ, it is necessary to draw up a notification, which should include the following information: positions and requirements for employees, terms of payment for their activities.
- Further, the employer is obliged to issue orders forthe dismissal of certain employees who fell under the reduction of staff. Payments must be served before the end of the deadlines provided for by the laws of the Russian Federation. The mercenaries receive a work record with a corresponding entry.
In what cases is the reduction impossible?
With some groups of people to break the contract in the process of changing the number of employees in the state is impossible. These include:
- employees staying at the time of reduction on vacation;
- mercenaries, who are recognized as disabled for the duration of their dismissal;
- pregnant women;
- mothers of children under the age of three;
- Women who single-handedly raise a child under 14 or a disabled person under 18;
- citizens who are stretching the above-mentioned children who do not have a mother.
The pre-emptive right to stay at work
Before sending a notice to the employee,It is necessary to find out whether he is included in the category of persons who can remain in their place in the first place. Such competition appears in the event that several people in a similar position are at risk of reduction. In this case, those who possess the highest qualification and productivity have the advantage. If the employees of these indicators are equal, then, first of all, the position remains:
- an employee who is dependent on two or more disabled family members;
- employee, the only one in his family who receives income;
- invalids of the Second World War and military operations in defense of the Fatherland;
- mercenaries who are currently upgrading their qualifications;
- Persons who were mutilated during their tenure.
When there is a reduction in staffthis has not yet been transferred), laid-off workers can provide evidence in the court that they had higher qualifications or productivity of labor, resulting in the breach of the contract will be considered illegal.
Members of the trade union
Dismissal with staff reduction, paymentearnings and severance pay are possible, regardless of whether the trade union has given its consent. This does not apply to cases where employees with whom employers want to terminate a contract are in its collegial bodies and structural units (shop floor level and above), combining this activity with the main place of work.
In such cases, you need to obtain permission fromtrade union for the dismissal of these individuals. If an employer has reduced such an employee without allowing the organization, a person can return to office by applying to the court.
Features of the reduction of some persons
The voluntary dismissal of an employee who has not reachedage 18 years, is not allowed by the legislation of the Russian Federation. To terminate the employment contract with such persons, it is necessary to obtain an agreement from the commission on the affairs of minors and the labor inspectorate. As an exception, there are cases when a company is liquidated, or an entrepreneur stops working, completely sacking the entire team.
When there is a reduction in staff, paymentspensioners have some features. The dismissal procedure does not change and is carried out on general grounds, that is, they do not always have the right to benefits while preserving the place. However, there are some differences with regard to the payment for the reduction of the staff of this category. If a pensioner is on time to apply to the employment service, he can receive funds for not two, but three months.
Execution of documents
During the change in the number of mercenaries, the head of the organization should prepare the following papers:
- order to reduce;
- Notification for employment center and trade union;
- alerts to employees.
Documents can not be signed by others.people, except as an employer, unless he delegated the appropriate authority to a third party. In this case, it is necessary to confirm his right to dismiss employees by power of attorney or other documents. However, according to the existing rules, payments with staff reduction (2015-2016) can be made by an accountant or other person.
The contract can be canceled in two monthsafter the employee is notified. With the consent of the employee, early dismissal is possible with staff reduction. Payments are made not later than the due date. This period is different for different types of security. Mercenaries are entitled to receive copies of all the above documents.
Payments to reduce the number of employees includeyourself severance pay. The amount of this amount can not be less than the average earnings of a mercenary during a month of labor. Nevertheless, recently described payments can be increased if in the employment contract, for example, the situation in which staff reduction occurs is separately specified.
Payment of severance pay is made immediately after the termination of the contract. For the correct calculation of the amount, the employer must use the relevant provision approved by the government (No. 922).
What other payments for the reduction of the state of 2015-2016. can be claimed
For a person who falls under the reduction of staff, paymentsAlso include earnings at the time of employment. This period can last no more than two or, in some cases, three months. Some groups of people who apply within two weeks from the date of dismissal to the employment center can apply for an increase in the period for issuing funds.
Immediately after the termination of the contractthe payment of the allowance for staff reduction and earnings for the period of employment for the next month. The next 60 days a person is looking for a new job. Only after the expiration of this period, he can apply to the authorities to receive wages for the second month of employment. If, for example, a person takes up a new position in a week, it receives funds only for the specified period. In the event that a person has received a permit for three months of employment, after this period he must take a certificate from the employment center and provide it to the employer.
Personal Income Tax and Unified Social Tax
According to the Tax Code,The reduction of staff is not subject to personal income tax and unified social tax. This also applies to the wages that a mercenary receives for two or three months at the time of employment.
Nevertheless, this does not apply to all means,transferred to a person who fell under the reduction of staff. TC RF (payment of severance pay, article 178) provides for the possibility of increasing the amount of the amount received. In this case, additional funds and compensations are taxable.
Often consultants, talking about whichpayments with staff cuts are eligible to receive workers, forget about the funds that employees can claim, regardless of the reason for the termination of the contract. These include salary and compensation for unused vacation days.
This amount is calculated individually,in proportion to the worked-out period. On average, the employee is entitled to 28 days of leave per year. A person can receive compensation for every day of rest, which he did not use. Also, the employee receives wages for the entire period of his work.
If a person is dismissed ahead of time (before the expiry of 2 months after receiving the notice), he can find out from the employer what payments he has incurred in the reduction of staff as compensation.
Re-introduction of posts
There are cases when employers intentionallydeclare a reduction to dismiss an employee without the existence of justifications provided for by the laws of the Russian Federation. In such cases, they remove the post, and then reintroduce it by hiring another person. Such actions are considered illegal and can be challenged in court, and the reduction is declared fictitious. To protect themselves, employers do not enter the relevant post in the schedule for three months, but for certainty it is advisable to wait a longer period.