Employer's obligations upon layoffs. When can an employee be dismissed before the notice period ends? How to correctly formalize dismissal due to staff reduction

Domestic companies are experiencing a difficult economic crisis, so optimization of personnel is no longer uncommon.

Some enterprises simply close, others change their activity profile, in any case, they all want to earn a stable profit in the changed economic conditions.

And this often leads to forced staff reductions. But the dismissal procedure, even in this case, is not so simple; it requires step-by-step instruction, helping to do everything according to the rules.

In such situations, the company itself initiates the termination of the working relationship, so those dismissed are protected by law and can count on guaranteed compensation.

The stage preceding staff reduction is an analysis of the company’s financial situation. Its results should be presented in a report to management, presented by the chief accountant or heads of production departments.

It usually talks about a decrease in profitability, which indicates that the company is incurring additional financial losses. The usual way to minimize them is to review the number of positions. So, let's look at how the dismissal procedure for staff reduction goes.

Approval of a new staffing table

Before the reductions occur, the directorate and the personnel department determine whether only the number of employees will be reduced, or whether the staff will also be reformed.

By general rules, the new schedule is introduced no earlier than two months from the date of notification of employees whose positions have been reduced.

Notification of employment authorities

With a focus on the orders proposed for publication, several more notifications must be prepared in advance and without fail. The first is intended for the employment service.

According to the standards prescribed in Article 25 of Federal Law No. 1032 - 1, the enterprise must first notify the Employment Center. The document states the intention to lay off some employees and that the company needs to find new vacancies for them.

Next, the Labor Exchange inspector, based on the information received, short terms prepares and submits a list of proposed jobs.

It is formed taking into account the qualifications and salary level of the released employees.

If no acceptable vacancies were found at the time of dismissal, but provided that the person registered with the Exchange within 14 days from the date of termination of the employment relationship, the search for jobs will continue.

At the same time, payment of benefits is guaranteed for another 30 days. In exceptional situations, benefits are paid for two months.

Notification of the trade union organization

As soon as an order is issued confirming the optimization of staff, the Trade Union organization must be notified.

Especially in the case when mass layoffs are planned, and this is at least 5% of the total number of employees.

And also if representatives or members of the Trade Union organization itself are fired.

This situation obliges the enterprise to notify the Trade Union 90 days before the start of layoffs, according to Article 82 of the Labor Code of the Russian Federation. In private cases, the notice period can be reduced to 60 days, it all depends on the financial situation of the enterprise.

Who can and cannot be fired due to redundancy

First of all, positions will be eliminated as such if they are no longer needed by the company due to production reasons.

As soon as a position is selected, an assessment of employees will begin, namely: their qualifications, skills, benefits brought to the enterprise now and in the future. Social status will be considered only if the above indicators are equivalent for several employees. Minor children, dependents, disability, and services to the organization are taken into account.

This state filtering scheme is based on the preemptive right to leave, which is used for optimization on the basis of Article 179 of the Labor Code of the Russian Federation. However, this scheme for assessing the qualifications and other work skills of an employee is not always used. Exist preferential categories, the company’s management cannot fire them on its own initiative.

Who can't be laid off when downsizing? For example, when reducing staff (positions), the following categories cannot be fired:

• Pregnant women.
• Single fathers and mothers, until the child is 14 years old.
• Those who are on maternity leave, regardless of gender.
• Employees who have dependents.

But such benefits do not apply to disabled people and pensioners.

Warning to workers

60 days before the layoff, the company's management is obliged to notify employees by handing them the appropriate document.

There is no legally established model, but there is prerequisites regarding the information contained therein. This is stipulated in Article 180 of the Labor Code of the Russian Federation.

In fact, the organization not only announces the date of layoffs, but also provides compelling reasons that prompted the termination of employment contracts.

At the same time, the management offers vacant positions within the enterprise, even if they require lower qualifications or are paid lower.

It must be understood that an employee’s refusal to receive such a notice cannot be taken as a reason for abolishing the staff reform or postponing the date of dismissal.

And yet, a document confirming the start of the reduction process is presented in front of witnesses. In case of refusal to receive, an act is drawn up attached to the described notification.

Currently, every employee is reliably protected by the Labor Code of Russia and other regulations. This stops the arbitrariness of unscrupulous employers, preventing hasty dismissal even if it is justified.

Offer of alternative vacancies

In fact, when staffing is minimized due to production reasons, the company is obliged to offer each employee another vacancy.

Regardless of whether they differ in salary and skill level.

If the employee being laid off does not agree to take the proposed position, or the company cannot offer him anything, the employee has 60 days to find a job in another company.

When there is no suitable vacancy, he has the right to receive benefits.

Issuance of a dismissal order

Based on legislative norms, the dismissal of an employee for the reason “reduction of staff” becomes real only if all stages of the procedure are followed, each of which is regulated by by-laws.

If one of the stages was missed, then the dismissed person has the right to decide through the court the issue of recognizing the dismissal as unlawful. He has exactly one month to do this after he receives the corresponding order.

First of all, an order is issued on changes made to the staff (based on an economic analysis of the enterprise’s situation).

It must be presented to employees at least 90 days before the start of the release procedure.

Such an order cannot be classified as an administrative document confirming the termination of the relationship between employees and the organization. But it is the basis for starting such a procedure.

This is followed by the presentation of administrative documents on staff reduction. This is the next logical step in the process of releasing workers. The documents contain objective information about the termination of employment due to layoffs. They are published no later than 60 days before the termination of employment contracts.

It should be noted that it is not legally stipulated anywhere that an order cannot be issued earlier than the agreed date.

This means that it can be generated earlier, but the entire set of documents required to accompany this order is presented no later than 60 days before dismissal.

Settlements with employees, payments and compensations

How to properly lay off an employee due to staff reduction?

According to the standards of Article 140 of the Labor Code of the Russian Federation, after termination of the employment contract, the organization undertakes to pay wages to those dismissed and compensate for all vacation days not used by employees.

Due to a reduction in position, an employee has the right to count on the benefit prescribed by Article 178 of the Labor Code of the Russian Federation (in the amount of the average monthly salary).

There are precedents (due to special conditions specified in the collective agreement) influencing the increase in the amount of benefits, but it still cannot be more than three salaries.

Typically, these clauses apply to managers or to companies with unlimited financial reserves.

According to Article 178 of the Labor Code of the Russian Federation, released workers retain the right to receive benefits for the second month if they were unable to find a job and provided a work book without a note about a new position in another place, supported by an application for benefits.

Exceptional conditions suggest that the employee can be paid benefits for the third month, but for this he must have relevant certificates from the Employment Center indicating that there are no suitable vacancies.

When an employee is dismissed, mandatory benefit payments are borne by the organization, and even after two months after the dismissal, if the former employee provides all supporting documents, the assigned compensation is also paid by the employer.

Do you want to fire properly? Here are the step-by-step instructions. And do not forget that upon dismissal due to staff reduction, the employee is entitled to severance pay.

Step-by-step instructions for layoffs to reduce staff

Step 1. We issue an order on the upcoming staff reduction

The order is issued on the basis of any primary document:

decision of the company owners to optimize staffing levels;

order higher organization or parent company, etc.

name and quantity staffing units, which are subject to reduction;

timing and timing of preparation of necessary documents;

persons responsible for organizing and preparing documentation.

The order must be prepared at least 2 months before the planned reduction. If a reduction in staff may result in mass layoffs, then at least 3 months in advance.

As an example of determining the mass dismissal rate, we can take the following figures (clause 1 of the Regulations approved by Resolution of the Council of Ministers of the Russian Federation dated 02/05/1993 No. 99):

50 or more people within 30 calendar days;

200 or more within 60 calendar days;

500 or more within 90 calendar days;

Or dismissal of 1 percent of the total number of personnel within 30 calendar days in regions with a total number of employees of less than 5 thousand people.

Sample order for organizational and staffing activities

Step 2. Notify the trade union and employment authorities

1. Trade union.

If there is a trade union in the organization, it is necessary to send notice of the planned reduction. The notice period is at least 2 months before the planned dismissal. If the reduction can lead to mass layoffs - at least 3 months in advance.

2. Employment Service.

This organization must be notified without fail if employment contracts with employees are terminated due to staff reductions. If only positions in the staffing table are being reduced and no one is leaving, there is no need to send notice. The notice period is the same as for a trade union (for individual entrepreneurs, the notice period is 2 weeks, regardless of the number of people being dismissed).

Sample notification of a trade union organization

Sample notification of employment authorities

Step 3. Determine the circle of persons who have the preferential right to remain at work

If an organization eliminates one of two identical positions, the employer is faced with a choice of which employee to keep. In accordance with Article 179 of the Labor Code of the Russian Federation, employees with higher labor productivity and qualifications have an advantage in remaining at work. Under equal conditions, the following have priority rights:

family employees with 2 or more dependents;

sole breadwinners in the family, regardless of the presence of children;

employees who received an occupational disease or injury while working for this employer;

Chernobyl victims;

employees admitted to state secrets;

military spouses, etc.

The employer can expand this list by including other categories of workers in the collective agreement.

Step 4. We notify employees in writing about the upcoming dismissal.

The employer is obliged to notify each employee being laid off in writing about the upcoming dismissal at least 2 months before his dismissal.

Sample notification

The fact of the warning must be confirmed by the employee’s signature. If the employer does not have written confirmation, the employee will subsequently be reinstated at work.

If the employee is actually absent from work, the employer must give him notice by registered mail with notification of delivery by mail. It must be remembered that employees must be informed of the fact of their dismissal at least 2 months in advance, therefore, when sending a letter, it is necessary to take into account the timing of its delivery.

Step 5. We offer employees other available vacancies in writing.

The employer is obliged to offer all laid-off employees available vacant positions that are not contraindicated for them due to health reasons. At the same time, if during the period of reduction the employer has vacant positions, they must also be offered. If this is not done, the employee will be reinstated at work.

The fact that available vacancies are offered must be recorded in writing.

If the employee refuses the offer, his refusal must also be recorded in writing.

If he refuses to sign, draw up a document; in the future you may need it in court.

Sample notification of available vacancies

Step 6. We obtain the opinion of the trade union on the dismissal of an employee who is a member of this trade union.

If there is a trade union at the enterprise, its opinion must be taken into account by the employer in accordance with Article 373 of the Labor Code of the Russian Federation (see Step 2). Ignoring this requirement will result in the employee being a trade union member being reinstated at work.

In total, the trade union has 7 days to develop its position on the issue of the redundant employee. During this time, the employer must receive a reasoned opinion from the trade union, otherwise it may not be taken into account.

If the union agrees with the upcoming cuts, it will write so.

If the trade union disagrees with the employer’s decision to lay off an employee, the employer must hold consultations with the trade union within three days in order to find a compromise solution. These negotiations must be documented in protocol.

In general, the opinion of the trade union is advisory in nature, the final decisions remain with the employer, however, if the opinion of the trade union is ignored, appeals either to the labor inspectorate or directly to the court are possible.

The courts often side with the employee, so it is very important to carry out this stage in strict accordance with the law and within the specified time frame in order to avoid a court decision to reinstate the employee at work due to a procedural error made during organizational and staffing activities.

Step 7. We formalize the termination of the employment contract

An order to dismiss an employee due to staff reduction is issued by.

Clause 2 of Part 1 of Article 81 of the Labor Code of the Russian Federation is indicated as the reason for dismissal.

Who cannot be fired due to staff reduction

The list of employees who cannot be dismissed due to staff reduction is set out in Article 261 of the Labor Code of the Russian Federation:

pregnant women;

women raising children under 3 years of age;

a single parent raising a disabled child under the age of 18 or a child under the age of 14;

the sole breadwinner of a disabled child under the age of 18 or a child under the age of 3 in a family where there are three or more young children.

Payments upon dismissal due to staff reduction

The amount of benefits upon dismissal due to staff reduction is calculated in accordance with the general procedure established by Article 139 of the Labor Code of the Russian Federation. As additional compensation for dismissal due to reduction, there may be a payment that is due to the employee if he or she has written consent to terminate the employment contract before the expiration of the warning period about the upcoming dismissal.

An example of calculating the payment of monetary compensation in 2016 for staff reduction

To calculate the amount of compensation for dismissal due to staff reduction, all types of cash payments provided for in the remuneration system and used in the organization are taken into account.

On the day of dismissal (regardless of the reason for dismissal), the employer is obliged to transfer to the employee all funds due to him, including compensation for unused days of annual paid leave.

The size of this amount in this particular case does not matter, it can be anything, let’s call it X.

The amount of payment X is included in the calculation of the employee’s average monthly earnings, on the basis of which the employee will be accrued compensation in connection with the reduction, let’s call it Y.

Thus, on the last day of his work, the employee receives a cash payment equal to X + Y.

Next month, the employee will receive another payment equal to Y if he is not employed (the employer requires the original work record book to be presented before making the accrual).

Further, if a person, within two weeks from the date of dismissal, registered with the employment agency and was not employed by him, and the employment agency, in turn, decided on the need to accrue a third compensation payment, the employee will receive another payment in the amount of Y.

If labor Relations were terminated before the expiration of the two-month warning period about the upcoming dismissal at the initiative of the organization, and the person was dismissed with his written consent, the employer compensates him for unworked time with a cash payment in the amount of average earnings (calculation is carried out in accordance with Article 139 of the Labor Code of the Russian Federation). In fact, this makes it possible for a person to start searching new job as early as possible without losing anything financially.

Fine for violation of the dismissal procedure for staff reduction

For failure to comply with the above rules, the employer may be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation and fined up to 50 thousand rubles for each illegally dismissed employee.

In case of repeated violation, the fine can be up to 70 thousand rubles for each employee.

In addition, the employer will have to compensate each time an illegally dismissed employee for the earnings he did not receive for the entire period of forced absence.

Plus, legal costs will also be reimbursed by the employer.

It is also important for employers and officials to know judicial practice on this score. One of the interesting cases was examined by the Supreme Court of the Russian Federation. From the case materials it follows that the State Tax Inspectorate received several complaints about violations committed by the employer during staff reductions. On these grounds, 2 unscheduled inspections were carried out, and in connection with the detection of violations, 2 different decisions were made to bring an official of the employer to administrative liability under Part 1 of Art. 5.27 Code of Administrative Offences.

However, the Supreme Court of the Russian Federation, by Resolution No. 41-AD18-21 of October 1, 2019, canceled one of the fines. According to the judges, in in this case there were not two different offenses, so prosecution can only be made once. The Resolution also states that the results of several inspections can be combined into one resolution on administrative liability if the same violations are identified, as was the case in this situation.

Express your opinion about the article or ask the experts a question to get an answer

Losing a job is almost always an unpleasant event. But it's one thing when former employee they see off with honor and gratitude for the work done, and another thing is when the dismissal occurs due to problems in the company itself, and even in a fraudulent way. Unfortunately, more than half of modern organizations commit the second type of dismissal. And naive citizens allow the leadership to violate their rights. To prevent this from happening, you need to know at least the basic nuances of the procedure for leaving work. In this case, we will consider what the procedure for dismissal due to staff reduction should be.

Dismissal due to reduction - reminder to employees

The layoff procedure for staff reduction is a headache for many companies. Almost every organization is looking for loopholes to facilitate this process, reduce costs and bypass the labor code. And unfortunately, they are often found. To prevent this from happening, it is worth taking note of how the redundancy dismissal procedure should actually take place.

1. Any company must present to its employees notice of dismissal due to reduction no later than two months before the staff reduction itself occurs. In addition to the general meeting and information at the stand, the organization's leaders must convey information to each employee personally and receive his confirmation with a signature.

2. The conditions for dismissal due to reduction consider the option in which management can offer an employee deprived of a position other vacant positions corresponding to his experience and qualifications. But most often this does not happen, because employees are not aware of the existence of such a responsibility of their management.

3. Another quite a few important nuance The thing you need to pay attention to is early dismissal due to staff reduction. This situation arises when an employee who has been laid off expresses a desire to resign ahead of schedule due to taking a new job. In this case, the organization has no right to interfere with the employee. As for compensation, the employee has the right to count on additional payment in the amount of average earnings calculated in proportion to the time remaining before the expiration of the notice period for layoffs.

4. Payments upon dismissal due to reduction. If in work book a corresponding entry has been made, the employee receives the following compensation upon dismissal due to reduction:

1. Not later than last day work, the employee must receive a payment in the amount of salary for the last month of work + compensation for all unused vacations
2. Along with the settlement, the employer is also obliged to pay severance pay in advance for the first month of unemployment of the employee. If an employee does not find a job within two months, the employer is obliged to pay another benefit in the amount of average monthly earnings. Provided that 14 days after dismissal the employee registered with the Employment Service but 3 months after the layoff still found work, he is entitled to another severance pay upon dismissal due to layoffs and temporary unemployment.
3. Benefits upon dismissal due to reduction. If an employee who has been laid off and registered with the Employment Service has not found a job within 3 months, starting from the first day of the 4th month of unemployment, he is entitled to receive benefits. It will be paid by the Employment Service in the following order:

• starting from the fourth month after dismissal due to reduction and the next 3 months: 75% of average monthly earnings;
• next 4 months – 60% of average monthly earnings;
• from 8th to 12th month – 45%.

Also, an employee who has been laid off due to reduction has the right to:

In order for all of the listed benefits to be available, an employee dismissed due to staff reduction must contact the employment service at his place of residence within 14 calendar days from the date of dismissal.

If the conditions of dismissal due to reduction described above were violated by the employer, the employee has the right to go to court. The law will always be on the side of the employee, no matter what country he is in. Every person is obliged to know his rights, and for this it is at least sometimes worth looking into the labor code.

Reduction of staff- a procedure that must be followed certain rules and implementation necessary payments on the part of the employer. What is the procedure for dismissal due to staff reduction, what documents need to be drawn up, who cannot be laid off, what compensation and benefits must the employer pay when laying off an employee? We will discuss these questions in the article below.

Procedure for laying off an employee

If an organization decides to cut staff or an entire staff, then this process must be properly formalized, the dismissal must be subject to certain rules, and the employee must be paid a number of compensation payments. First of all, it is worth noting that a reduction in the number of employees means a reduction in staffing levels of one or more positions, and a staff reduction is the removal of a position from the staff completely. For example, the staffing table states that the organization has an accountant position consisting of 5 people; a reduction in staff will mean eliminating the accountant position completely, that is, the organization is left without accountants. If only the number is reduced, for example, by 2 staff units, then this only means a reduction of 5 accountants to 3.

Employees who cannot be dismissed due to reduction

When performing the dismissal procedure, you should remember that there are categories of employees who cannot be dismissed due to layoffs. These include:

• Pregnant;
• Women with children under 3 years of age;
• Single mothers raising children under 14 years of age (if the child is disabled, then up to 18 years of age);
• Other persons raising a child without a mother;
• The only breadwinners in a family with a disabled child under 18 years of age;
• The sole breadwinners of a large family (3 or more young children) with a child under 3 years of age.

The above persons may not be dismissed due to reduction at the request of the employer. This is clearly stated in the Labor Code of the Russian Federation, Article 261. How does the staff reduction procedure work?

Procedure for dismissal due to staff reduction

The procedure for laying off an employee begins 2 months before the expected date of dismissal.

First of all, an order is issued to reduce the staff or number of employees. The order specifies the positions that are subject to reduction and the number of staff members that must be dismissed.

Simultaneously with the above orders, a Notice of termination of the employment contract due to dismissal due to reduction is created. This document must contain a list of employees subject to dismissal by name. All employees who have been laid off must read the Notice. Everyone must put their signature next to their last name.

According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to offer employees who are resigning due to layoffs another vacant position, if any. Moreover, it is possible to offer a position that will be lower than the one he occupied before the layoff, but the employer is not obliged to offer a position higher than the one he occupied.

Offer to employee vacant positions It should also be documented why the Notification is being issued indicating the available vacancies. The employee must read this document and sign as a sign of consent or refuse the proposed positions also in writing in the Notification.

The employer's next step in the staff reduction procedure will be to draw up a notice to the employment service. The notification form can be found in Appendix No. 2 to Resolution No. 99 dated 02/05/1993. You must also notify the employment service 2 months before the date of dismissal.

Please note that the article stated that Required documents and notifications must be issued 2 months before the expected dismissal due to reduction. But if a reduction in the number or staff of employees is planned on a massive scale, then the period increases to 3 months.

It is better for the employer to follow the procedure for laying off workers specified in the article. If there are errors in this procedure (through ignorance or intentionally), very often competent workers begin to defend their rights through the courts and, as a rule, win such disputes.

What compensation is provided for dismissal due to staff reduction? What is the procedure for laying off employees? Is it possible to lay off pregnant women and pensioners? We will answer these and many other questions in this article.

In order to survive during the financial crisis, or to get out of the difficult financial situation of the company with minimal losses, the management of the organization may decide to reduce staff - abolishing staff positions or reducing the number of employees. It is very important for the employer to know all the intricacies of this difficult procedure, because the slightest violation in its implementation can lead to litigation with laid-off employees, and most importantly, to the loss of the company’s positive reputation. Cases of dismissal due to reduction are among the most difficult among all judicial labor disputes, due to the massive scale of such dismissals.

For employees, this article will help them avoid the “tricks” of unscrupulous bosses, learn about their legal rights and due payments upon layoff, and also decide under which clause it is more convenient and profitable to quit.

Provisions of the Labor Code of the Russian Federation on dismissal due to reduction

All issues of staff reduction are regulated by the Labor Code of the Russian Federation. It states that legal redundancies must be carried out taking into account the following requirements:

1) The fact of dismissal due to reduction must have documentary evidence in the form of staffing, salary sheets, payroll, etc. It is not allowed to replace the position of a laid-off employee with an alternative one: with a similar nature and scope of duties performed.

2) Before laying off an employee, he must be offered other available vacancies, taking into account the employee’s qualifications and health status.

3) The employer must take into account the list of persons whose dismissal is unacceptable, and also comply with the provisions of the Law on the preferential right to remain at work (Article 179 of the Labor Code of the Russian Federation).

4) Each employee must be notified individually about the planned reduction and dismissal, no later than 2 months before the date of reduction, as well as the elected trade union organization.

5) On the last working day, a final settlement is made with the laid-off employee and a work book is issued.

7) According to Art. 178 of the Labor Code of the Russian Federation, the employee is given severance pay and other payments are made, which you will learn about below.

Step-by-step instructions for redundancy dismissal

Compensation, payments, benefits: what is an employee entitled to when staffing is reduced?

In addition to the “standard” payments (payment of wages and compensation for unused vacations), a laid-off employee is entitled to additional payments:

• Payments of average earnings for the period of searching for a new job, not exceeding 2 months from the date of dismissal (and at the discretion of the employment service - up to 3 months).
• Severance pay in the amount of average earnings (Article 178 of the Labor Code of the Russian Federation), with a reduction in the number of seasonal workers - 2 weeks of average earnings (Article 296 of the Labor Code of the Russian Federation). Employment contract may provide for a larger benefit.
• Additional compensation in the amount of 2 average salaries.

At the same time, it is not allowed to withhold funds for unworked vacation days “taken in advance.”

So, the total amount of redundancy payments is quite significant. Therefore, some employers, in order to save money, “persuad” or “force” an employee to resign on their own initiative or by agreement of the parties.

(Indeed, notifying an employee of a layoff does not preclude his dismissal for other reasons).

How can an employee act competently in a situation of “pressure” in order, on the one hand, to avoid an open conflict with the employer, and on the other hand, not to end up “losing”? And what fundamental differences in the consequences of each of the three types of dismissal?

Dismissal by agreement of the parties or by layoff, which is better?

An employee should know: by writing such a statement, he signs a “verdict” for himself and deprives himself of all payments due in the event of a reduction in staff.

But there is one important nuance: it all depends on the wording of the statement. If an employee draws up a statement as follows: “I ask you to dismiss me due to the reduction of my position before the expiration of the notice period for dismissal,” then the dismissal will take place under Art. 81 of the Labor Code of the Russian Federation, with a guarantee of all payments. However, such dismissal is permissible only with the approval of the employer.

Who cannot be fired due to staff reduction?

The employer does not have the right to dismiss due to staff reduction:

• temporarily disabled;
• employees on leave (including student leave and without pay);
• women with children under 3 years of age; single parents with a child under 14 years of age or a disabled child under 18 years of age;
• members of trade unions, etc.

Can a pregnant woman be fired due to staff reduction? Pregnant women and women on maternity leave should be dismissed according to this basis it is forbidden.

If an employee belonging to one of the “untouchable” categories has been laid off, his reinstatement through the courts occurs “automatically”.

Priorities of employees during layoffs

During the downsizing process, not all employees are on equal footing with regard to the risk of being fired. Employees with higher labor productivity and qualifications are given preferential right to remain at work. All other things being equal, the following employees have priority:

• persons who are the only “breadwinners” in the family;
• employees who were injured in this organization or professional disease;
• employees who improve their qualifications in the direction of the employer;
• family persons - if there are 2 or more dependents.

In addition to the categories specified in the Labor Code, the advantage when leaving a job upon dismissal due to staff reduction is determined federal laws other employees:

• military spouses;
• authors of inventions;
• discharged from military service;
• disabled people of WWII and combat;
• victims of radiation, etc.

Internal collective agreements may also provide for categories of workers with the advantage of remaining at work.

Compliance with the rights of these categories of employees must be documented: by drawing up a summary Comparison Table or other document.

Dismissal due to staff reduction of pensioners: payments and features

Reaching retirement age is not only not a reason for priority reduction, but according to the provisions of Art. 179 of the Labor Code of the Russian Federation, may be an advantage due to the high productivity and qualifications of the employee.

When staffing is reduced, the dismissal of pensioners is ensured by all the guarantees and payments provided for in Art. 178 Labor Code of the Russian Federation. Other interpretations of legislative norms contradict the requirement of equal rights for workers (Part 1, Article 2 of the Labor Code of the Russian Federation) and the prohibition of discrimination in the sphere of labor (Article 3 of the Labor Code of the Russian Federation).

The material was prepared by order of the law firm "Dominium"