New job offer for downsizing in 2021

NOTIFICATION of vacancies

____.____.20__ № _____

______________________

job title

______________________

Full name

Dear ___________________!

In connection with the upcoming reduction of your position (profession) (Warning from “___”______20__ No. ___) you are offered another available at “MIR” LLC for “____”______20__. work that you can perform taking into account your state of health and qualifications:

If you agree to transfer to any of the proposed vacancies, an agreement will be concluded with you to change the terms of the employment contract for a permanent transfer from “____”________20___ to another job.

General Director A.A. Alekseev

I received a copy of the notification about the availability of vacancies.

_____________/_________________/

employee signature signature transcript

____._____._____.

date of review

I refuse the proposed vacancies/I agree for the vacancy _____________ (indicate position/profession in accordance with the proposed list). _____________/_________________/ ____._____._____.

employee signature signature transcript date

Download the document “Sample notification of vacancies”

Refusal of offered vacancies

An employee may not agree with the vacancies offered by the employer. The refusal must be made in writing. There are 2 options for written refusal in the form:

1. A separate statement.
2. Notes on job offer.

The employee may not respond to proposed vacancies immediately after receiving notification. The legislation does not establish a time limit. The person is given the opportunity to agree or refuse the offer before the date of dismissal upon reduction. If the vacancy is filled by another person before consent is received, the manager will provide the employee with a new notice.

If the employer sends notice by mail due to a person's absence, the employee is given an offer to provide a written response.

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What should be offered to a redundant employee?

When reducing staff, the dismissed employee must be offered all currently existing vacant positions in the organization (read more about what an employer is obliged to do when laying off an employee and what rights management has) that are suitable for him. It does not matter whether they are equivalent or not to the position that the employee currently holds.

The main requirement is that the proposed position must correspond to the employee’s qualifications and state of health. The redundant employee has a preferential right to remain at this enterprise. This means that if he agrees to take a certain position, it will be he, and not an outside applicant, who will take it.

Vacancies are offered to an employee who has been laid off simultaneously with notification of the upcoming staff reduction, as well as during the remaining time before dismissal.

The fact that the employee was offered a vacant position must be documented. Consequently, the employer draws up a written notice offering to take a certain position (or with a list of available vacancies), and the employee, in turn, agrees or gives a written refusal.

If at the time of termination of the employment contract there were no suitable vacancies in the organization, in the event of further litigation, the court will check this information.

A person being laid off due to redundancy is not required to agree to a new position offered by the employer. If he doesn’t like her, he can leave and receive all the payments due upon layoff (read more about the dismissal procedure and the rights of an employee here, and from this article you will learn how this procedure is formalized and what documents are issued).

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What vacancies may be offered?

Article 81 of the Labor Code of the Russian Federation indicates that the employer is obliged to offer the retrenched employee vacancies that meet the following requirements:

• this position is currently vacant;
• it corresponds to the employee’s qualifications or is inferior;
• the employee’s health condition allows him to work in this position;
• the workplace is located in the same area as the position being liquidated. The collective agreement may indicate that the employer must offer the employee positions in another region.

An employee who has been laid off may also be offered a temporary position. The St. Petersburg City Court indicated in cassation ruling No. 33-3894/2012 dated March 15, 2012 that the employer must provide information about all possible positions at the enterprise: both permanent and temporary.

The qualifications of an employee on the basis of Article 195.1 of the Labor Code of the Russian Federation mean a person’s professional skills, his experience, level of skills and knowledge. What requirements are presented to the applicant are formulated in the job description.

Article 195.1 of the Labor Code of the Russian Federation. Concepts of employee qualifications, professional standards

Employee qualifications - the level of knowledge, skills, professional skills and experience of the employee.

A professional standard is a characteristic of the qualifications necessary for an employee to carry out a certain type of professional activity, including the performance of a certain job function.

Part three is no longer in force on July 1, 2021. — Federal Law dated May 2, 2015 N 122-FZ.

It is very important to offer the redundant all possible positions in the organization. Even if the employer is confident that the person will not accept, this does not relieve him of the obligation to submit such positions for consideration.

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How to write a notification correctly

To fill out the described warning, labor legislation does not provide a unified form. The organization is allowed to use independently developed forms for this purpose.

Drawing up a standard version of a document involves sequentially indicating the following information:

1. Full name of the organization indicating the form, information about the employee (full name, position held) and information about the person drawing up the document.
2. The basis for the referral (staff reduction) is described in detail. At the same time, it is required to indicate the expected date of the procedure, the date of the order and details.
3. Reference to the legislative act on the basis of which the procedure is carried out. In the described case, the provisions of Article No. 80 of the Labor Code.
4. Information about available vacancies at the enterprise to which a citizen can transfer. Indicating information about available places (if any) is the responsibility of the manager. Moreover, he will not be able to terminate his employment without first receiving a written refusal of the transfer from the employee.
5. Resolution on respecting the rights of workers to guaranteed severance pay.
6. In conclusion, the date of drawing up the document and the signature of the head of the organization are indicated.

ATTENTION! The document must be drawn up in two copies. The first is transferred to the employee, the second will be stored in the archive of the company's personnel records.

Sample employee notice

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Deadlines for sending notice of staff reduction

In most cases, the employer is required to notify the employee of an upcoming staff reduction at least two months before the event.

This time should be enough for the employee to decide what to do next or find a new job.

However, in some situations, the notice period may change: for example, for those employed in seasonal work, the notice period is reduced to seven days , and for workers in temporary work not exceeding two months, it is only three days .