Reasons for changes in the structure and number of companies
Operating enterprises may need to change their own structure, which may entail the need to change the staff. As a rule, such actions are carried out with the aim of applying rationalization approaches and increasing the efficiency of the economic component. The decision to carry out such procedures falls within the exclusive competence of employers.
Any changes relating to organizational and labor components must be expressed in local administrative acts of the manager. Such orders to change staff must be communicated to employees through familiarization.
The legislation regulating relations arising from the performance of labor duties contains a number of requirements that are mandatory to comply with.
The main purpose of such requirements is to protect the rights granted to employees, and to a greater extent to those employees who are subject to the layoff procedure. Changing the number of staff downwards is always a complex procedure. The reason for this is both the complexity of the registration procedure and the human factor.
If qualification and performance are the same
By virtue of Part 2 of Art. 179 of the Labor Code of the Russian Federation, in cases where, based on the results of the assessment of workers’ work activities, no clear advantages are identified and equal productivity and qualifications are determined, the following must remain at work:
- family citizens supporting two or more children, as well as disabled family members who are fully supported by the worker or receive assistance from him, if such assistance is the main means of subsistence;
- citizens whose other family members do not earn money on their own;
- employees whose health was harmed during their employment with the employer, including illness;
- disabled people of the Second World War and combat operations;
- employees who improve their skills in the direction of the employer, without being distracted from their work activities.
Actions of employers when reducing the number of full-time employees
Labor law establishes the employer's obligation to notify laid-off employees. Notification of future layoffs must be made no later than 2 months before the date of actual issue of the work book. Such warning must be carried out on an individual basis. This means that the redundancy order must bear the signature of each of the listed employees.
The need to reduce the number of employees also entails another legal consequence, which is the company’s obligation to provide another vacant position that may be suitable for the released employee in terms of health and level of education.
The employer cannot make an offer to continue working in a lower position or in a specialty that is less paid.
These actions are preceded by the determination of the circle of employees who can be dismissed, as well as those who must remain at work due to the presence of a legally established priority right to continue working.
How to evaluate employee qualifications
By virtue of Part 1 of Art. 195.1 of the Labor Code of the Russian Federation, when comparing the qualifications of workers, the employer assesses the level of knowledge, skills, professional skills, and work experience.
“ConsultantPlus” has many ready-made solutions, including how to fire employees to reduce the number of employees.
When eliminating several identical positions, the employer has the right to create a commission to which he can delegate the authority to determine the preferential right to remain at work. The work of the commission must be carried out on the basis of the relevant regulations.
Thus, the commission is authorized:
- evaluate the business qualities and qualifications of employees;
- compare labor productivity;
- establish categories of persons who are not subject to reduction by force of law (pregnant women, single mothers, etc.).
During the assessment process, any written or oral evidence may be used to confirm work performance and professional qualities. These may be documents on additional education, advanced training courses, certificates, gratitude and encouragement. Some enterprises keep logs of violations of labor discipline, information from which can also be used by the commission. As a result, preference should be given to employees who objectively have the highest professional level.
Subscribe to our newsletter
Yandex.Zen VKontakte Telegram
Employees who have priority right to remain at work
The right to remain at work during a reduction in numbers is granted to those employees who have high qualifications or higher performance indicators.
In order to determine the circle of such employees, the employer must have objective statistical data for each employee who is subject to staff reduction.
Practice shows that the most effective way to determine the circle of persons who have the primary right to continue labor relations is to create a commission, the main function of which will be the collection and analysis of the required information.
At the legislative level, such an obligation is not established, nor is there a list of positions that can become members of this commission. Most often, its members include lawyers, as well as representatives of the trade union.
In small enterprises, this function is assigned to the human resources department.
Information on the performance indicators of a particular category of employed persons can be collected by the employer himself. The data must undergo a comparison procedure with the indicators of the Qualification Directory, which contains standards for the performance of work by individual positions and professions.
The absence of qualifying indicators in the above act is the basis for comparing qualitative and quantitative indicators with the standards specified in the employment contract or instructions provided for each specific position.
What gives a preferential right to remain at work during layoffs?
Within the meaning of Art.
179 of the Labor Code of the Russian Federation, when the number of personnel is reduced, employees with the highest working capacity, increased performance and qualifications have an advantage in remaining in the workplace. If a citizen has the above, he should retain his job during the period of layoffs. This advantage is taken into account only in cases where employees occupy the same positions, some of which must be reduced. When reducing all staff positions, one position at a time, or a single workplace that does not have similar positions, the preferential right to remain at work is not taken into account (decision of the Moscow City Court dated January 22, 2015 in case No. 33-1708).
Employees whose primary right to continue their employment relationship is determined by law
After assessing the performance of each individual employee, it can be revealed that different employees have the same data. In this case, the employer must study the employee’s personal file and find out whether he has the exclusive right to grant preference to remain on the workforce.
The provision on preferential continuation of labor relations is defined in Art. 179 TK. The circle of persons with whom the employment relationship must be continued includes:
- family workers who are dependent on two or more persons, as well as those workers who are the only ones employed in their family;
- working persons who were injured in the past while performing work duties at this enterprise;
- employed employees who improve their qualification level by order of the head of the company, which is not associated with separation from the performance of production duties;
- disabled people of the Second World War and other military operations that were associated with the defense of the Fatherland.
Those employees who have characteristics of at least one of these categories, but were dismissed by order of the manager, have the legal opportunity to appeal the dismissal through the justice system. The result of the appeal will be reinstatement in employment and payment of funds for the entire period of forced absence.
Under absolutely equal conditions characterizing several employees, the decision to remain at work must be made by the manager based on objective information regarding education, personal characteristics, work experience, etc. If there is a need to provide additional information, the employer may request the necessary documentation from the employee in order to make an informed decision.
Author of the article
Grounds for dismissal due to reduction
Personnel reduction may have the following reasons:
- reduction of work volumes;
- improvement of labor methods and techniques;
- installation and implementation of the latest equipment;
- automation of the production process;
- introduction and use of complex technologies;
- implementation of technical or organizational measures related to dismissal.
The procedure for laying off employees involves drawing up an order. The document must indicate the reasons that served it, information on the number of staff positions, taking into account the decoding of each position. It is necessary to schedule the activities that are required to implement the order, all persons responsible for the procedure for executing its points.
The order certainly includes objective information according to which the dismissal of workers due to layoffs is necessary. It defines the activities that involve the implementation of the dismissal procedure. Formation of a list of employees is also one of the activities that must be indicated in the drawn up and approved order.
The employer is required to notify all employees being dismissed in writing, subject to all deadlines. The list of these measures includes the possibility of transferring workers who are released to another position, including the possibility of retraining personnel.
Reduction: dismissal procedure
Reducing staff is a complex procedure.
The employer has many issues to resolve. Which employees are not subject to dismissal? Who has priority? What is the sequence of performing the necessary activities? Step-by-step instructions from the consultants of the site 33urista.ru will allow you to carry out the required actions in the legal field and prevent lawlessness. If a person is not laid off, you need to extend the term of his employment contract. Staffing refers to the number of permanent employees of a legal entity. It is approved by order of the employer. Personnel ⏤ is a variable quantity and changes under the influence of economic processes.
Clause 2 of Part 1 of Article 81 establishes the right of the employer to terminate the employment agreement due to staff reduction.
The procedure for dismissing staff consists of eight main steps
First step. Defining employees with benefits
The dismissal procedure due to reduction begins with the establishment of categories of employees whom the law prohibits from dismissing (Article 261 of the Labor Code) or forces to adhere to certain conditions (Article 179 of the Labor Code).
“Inviolable” workers include:
- Women who are pregnant.
- Mothers raising children under three years of age.
- Single mothers with a disabled child under eighteen years of age.
- Other persons who are dependent on young children or disabled minors.
Employees with high qualifications and the best performance indicators have priority over others and remain on staff. If the employer is faced with a choice of persons with the same merits, preference is given to:
- Family workers who depend on two or more disabled persons.
- Workers who are the sole breadwinners in families.
- Persons with occupational diseases and injuries received while working at this enterprise.
- Disabled people of WWII and other combat activities.
- Persons studying without interruption from permanent work.
The collective agreement contains categories of workers to whom staff reductions do not apply (persons with twenty years of experience or who have two years left before retirement, and others).
