Reduction at work: employee actions in 2021

Author of the article: Anastasia Ivanova Last modified: January 2021 166411

Optimizing a company often leads to a reduction in the number of employees. Losing a position is an unpleasant event for a person. Reductions at work are often carried out with violations, and instead of thanking management for years of activity, the employee is left with nothing. To avoid negative consequences, a person must know about his rights and be able to defend them.

Common mistakes

If we talk about typical mistakes when abbreviating, these include:

absence (non-delivery) of notice of reduction;
dismissal of an employee before the two-month notice period;
failure to notify employment authorities and the trade union (if any) within the established time limits;
failure to offer vacancies when available.

When it comes to reducing the number of employees, a fairly common mistake is failure to conduct or incorrect assessment of the preemptive right (Article 179 of the Labor Code of the Russian Federation). For example, employers often have no criteria for assessing labor productivity and qualifications at all, or these criteria are recognized by the courts as subjective.

How to send a notification

There are several ways to bring the notice to the attention of the employee.

The first and simplest: by handing it over personally from hand to hand.
The second, more time-consuming: send a notification to the employee’s home address by mail (for example, if the employee is on vacation or sick).

In this case, it must be sent by registered mail with return receipt requested - this form of sending guarantees that the addressee received the message.

The third option is to read the layoff document out loud to the employee, but in this case, the presence of witnesses or a specially created commission that is authorized to certify that the notice was brought to the attention of the dismissed person is necessary.

Who can't be laid off?

Art. 261 of the Labor Code of the Russian Federation establishes categories of persons who are not subject to reduction. These include:

pregnant woman;
a woman with a child under 3 years of age;
a single mother raising a disabled child under the age of 18;
a single mother raising a child under 14 years of age;
another person raising the above children without a mother;
a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of 18 or the sole breadwinner of a child under 3 years of age in a family raising three or more young children, unless the other parent (other legal representative of the child) is in an employment relationship.

For more information about the categories of persons who cannot be laid off, read the article “6 situations when laying off an employee can result in a lawsuit.”

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Our articles talk about typical ways to resolve legal issues, but each case is unique. In it, duplicate those provisions of the employment contract that will continue to apply.

In this case, in the preamble of the additional agreement, make a note: Question from practice: Since the agreement goes directly to the employment contract as a whole. This conclusion follows from Article 72 of the Labor Code of the Russian Federation.

Info If a dismissed person is employed elsewhere, then he is automatically exempt from this right.

Payments for layoffs of internal part-time workers must be made! Is an employer obligated to offer vacant positions?

In addition to paying severance pay in the event of a part-time layoff, the employer has other responsibilities. As mentioned above, the list of vacancies from which a part-time worker can choose instead of being fired must be clearly stated in the notice that is provided to the dismissed employee for signature.

Reduction of the rate by 0 25 at the initiative of the employer for a part-time worker

The Labor Code obliges any employer to do this. Otherwise, the notice will be considered invalid and the dismissal will accordingly be illegal.

In this case, the dismissed employee can go to court based on labor legislation, and will have a good chance of winning the case.

In this case, it does not matter what terms of the contract need to be changed: In general, changes to an employment contract can only be made with the mutual consent of its parties, Art.

In this case, the initiator of changes can be either an employee or an employer. In addition, in exceptional cases, in the presence of certain circumstances, the organization may change the employment contract and unilaterally Art.

Amendments to an employment contract are possible only with the mutual consent of its parties, Art. Removing an employee from work is not a right, but an obligation of the employer.

During the week, working time must be distributed so that its total duration does not exceed this limit. The most common option is an eight-hour working day with a five-day working week and weekends are Saturday and Sunday. The working time regime in force in the organization must be enshrined in the Labor Regulations and collective labor agreements, art.

In addition to normal working hours, labor legislation provides for part-time working hours. Part-time means working part-time for an employee, either during the week or during the working day of the shift.

For example, not five working days, but four, or not eight hours a day per shift, but six.

Part-time working hours should be distinguished from short-time working hours. The latter is established for certain categories of employees and is counted as the full labor standard of Art.

If we are talking about a part-time working week, all non-working days in this case are reflected as weekends under Art. Moreover, in some cases, the administration is obliged to establish such a regime for an employee.

This must be done upon request:.

This procedure is provided for in Article 93 of the Labor Code of the Russian Federation. In addition, an organization can introduce part-time work on its own initiative.

Employer's initiative The establishment of a part-time working regime on the initiative of the employer is allowed taking into account the opinion of the trade union - if it is present in the organization during the period of organizational and technical measures that entail significant changes in working conditions.

If such changes could lead to mass layoffs, the administration has the right to establish a part-time working regime for up to six months. This restriction is provided for in Part 5 of Article 74 of the Labor Code of the Russian Federation. In this case, employees must be notified in writing about the upcoming changes two months before they are carried out with mandatory familiarization under the signature of Part.

How should I formalize a reduction of 0.25 rates?

An employee’s consent or disagreement to work part-time can, for example, be stated in the notification itself. If an employee in these circumstances refuses to work part-time, he can be dismissed only in the manner prescribed by paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, reduction of personnel or staff, part.

In this case, he needs to be paid severance pay and average monthly earnings for the period of employment Art. Documentation Part-time working hours may be provided for in an employment contract or established by order of the manager.

In the latter case, if for an employee this regime differs from the general one in force in the organization, this fact must be reflected in the employment contract of Art.

To do this, enter into an additional agreement with the employee to the employment contract on changing the working hours, Art.

In addition, it may be necessary to make changes to the internal documents of the organization, for example, to the appendix to the collective agreement, if they establish a list of employees for whom part-time working hours apply.

My position is being reduced by 0.25

Remuneration An employee who is assigned part-time working hours works less than others. His work is paid in proportion to the established time or depending on output.

At the same time, the duration of annual paid leave is not reduced, the procedure for calculating length of service does not change, and other rights of the employee are not limited.

This procedure is established by Article 93 of the Labor Code of the Russian Federation.

Nina Kovyazina Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia. Your lawyer Blog.

How to register an employee for 0 25 rates admin 0 Comment.

: Part 11 of Article 30 of the Federal Law According to the Federal Law from Parental leave can be used […] Changes to the new rules when working at height Rules for working at height Despite the traditionally frivolous attitude towards safety rules in Russia, you should always remember that each such norm has a very high price. Article Changing the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions In the case when, for reasons related to changes in organizational or technological working conditions, changes in equipment and production technology, structural reorganization of production, other reasons determined by the parties to the terms of the employment contract cannot be saved; they can be changed at the initiative of the employer, with the exception of changes in the employee’s labor function.

The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available to the employer, either a vacant position or work that corresponds to the employee’s qualifications, or a vacant lower position or lower-paid job that the employee can perform taking into account his state of health.

In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements.

The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If there is no specified work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code.

In the event that the reasons specified in part one of this article may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by article of this Code for the adoption of local regulations, introduce a part-time shift regime and or part-time work week for up to six months.

If the field hockey bet refuses to continue working on a part-time shift or part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code.

Source: https://svr-grupp.ru/stavki/sokrashaem-0-25-stavki.html

How and why to prove the fact of reduction

The burden of proving the fact of layoff lies with the employer. The launch of the reduction procedure begins with a decision by the authorized person of the company to carry out the reduction.

Such a decision must be made in writing. This could be, for example, an order from the general director or a protocol of the board of directors. Based on this decision, an order is issued to change the staffing table and the staffing table is directly changed. It is these documents that will serve as proof of the reduction.

In addition, since labor disputes most often arise after dismissal due to a reduction in the number or staff of employees, the court also examines whether a new employee was hired for the same position after the dismissal. In this case, the reduction may be considered illegal (“imaginary”). From this we can conclude that the fact of a reduction can be proven by the absence of a position in the staffing table in effect at the time of consideration of the dispute.

Basic Concepts

The reduction procedure is carried out in strict accordance with the Labor legislation of the Russian Federation. According to regulations, there are two grounds for dismissing an employee:

Reorganization of the company, due to which the number of jobs is reduced;
Reduction of staff.

Job losses usually occur for economic reasons. However, the staffing table remains the same. For example, out of five people holding the position of sales manager, two are retained.

When staffing is reduced, the position is completely eliminated. For example, the responsibilities of a HR employee are transferred to an accountant.

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The reduction is due to adjustments to the staffing table. During the procedure, new amendments are made to the current document. The manager is obliged to familiarize employees with changes in the staffing table. In addition, the director issues an order explaining the reasons for the reduction.

Why is a redundancy commission needed?

Legislatively, the employer has no obligation to create a redundancy commission, but from a practical point of view, its necessity is beyond doubt.

First of all, it is needed to determine the categories of employees who are not subject to layoffs. In addition, the work of this commission is useful in assessing the preemptive right. The staff reduction commission reviews the information provided for each candidate for dismissal. The decision made regarding employees who are not subject to layoffs and have a preferential right to remain at work is documented in writing - a protocol, a decision, etc.

The commission is created by order of an authorized person. The commission, as a rule, includes personnel specialists, one or two employees who are members of a trade union (if the company has one), and lawyers.

How to write a notification correctly

To date, there is no legally established sample notice of staff reduction. So representatives of enterprises and organizations can write this document in any form or according to a template in force in the company.

There are a number of information that must be included in the notification:

company name,
date of the notification,
position and last name, first name and patronymic of the employee to whom it is sent,
reasons for staff reductions,
reference to legal provisions.

All other information may be entered depending on the reasons for staff reduction and at the discretion of the employer.

Seasonal workers and conscripts

The legislation provides for specifics in the procedure for laying off seasonal workers and workers who have entered into a fixed-term employment contract of up to 2 months. Please note that for other employees with whom a fixed-term employment contract has been concluded for other reasons, the reduction procedure is similar to that provided for employees with whom an employment contract has been concluded for an indefinite period.

The specifics of laying off seasonal workers and workers with whom a fixed-term employment contract of up to 2 months has been concluded relate to the timing of delivery of notice and payment of benefits.

Thus, an employee engaged in seasonal work must be notified of his upcoming dismissal due to a reduction in the number or staff of the organization’s employees at least 7 calendar days in advance.

Accounting and tax accounting, employee settlements, reporting to the Federal Tax Service, Pension Fund of the Russian Federation, Social Insurance Fund and Rosstat, currency accounting - all in one service.

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For employees who have entered into an employment contract for a period of up to 2 months, the period is even shorter - they must be notified of the upcoming layoff at least 3 calendar days in advance.

As for the payment of severance pay to these categories of employees upon dismissal under clause 2, part 1, art. 81 of the Labor Code of the Russian Federation, then for seasonal workers the amount of benefits is equal to the amount of two-week average earnings. And employees who have entered into an employment contract for a period of up to two months are not paid severance pay upon dismissal as a general rule, unless otherwise established by federal laws, a collective agreement or an employment contract.

Downsizing – what is it?

Reducing the number or staff of employees is a method provided by law for terminating labor relations at the initiative of the employer (clause 2 of Article 81 of the Labor Code of the Russian Federation). The reasons for such a reduction are not indicated, which means they can be anything, but the procedure itself is clearly regulated and its violation can lead to serious sanctions for the owners of the enterprise.

It is obvious that in the very wording, and in labor legislation, this very terminology is used - Reduction in the number or staff of employees, there is a difference between the terms “number” and “staff”. Is this an important parameter?

Reducing the number and staff - is there a difference?

There are no direct indications in the Labor Code of the difference between these terms. However, differences can be deduced from the letter and spirit of the law:

A reduction in headcount is a reduction in the number of positions within the same type of staffing unit, despite the fact that the total number of such units remains greater than 0. For example, there were 10 cleaners working at the enterprise, and after the reduction in number there will be 5.
Staff reduction is the complete elimination of staff for any position. For example, there were 10 cleaners, but after the reduction, there will be no cleaners at the enterprise at all.

In the context of the issue under consideration, the only difference in these concepts is the order (selection) of specific individuals for dismissal. When reducing staff, all units are fired without any advantages over each other, and the reduction in numbers implies a certain algorithm for selecting persons for dismissal. We will talk about this in more detail below.

Everything said below applies equally to any type of enterprise organization - individual entrepreneur, LLC, JSC, etc.

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There is one more point that needs to be taken into account at the beginning of the proceedings. There is a process of dismissal due to liquidation of an enterprise that is largely similar, but still has fundamental differences. It requires a separate explanation, and will be touched upon superficially in this material.

Dismissal of an employee upon change of ownership

First of all, it is worth noting that a change of owner does not automatically terminate the employment contract with existing employees.

The categories of employees with whom the employment contract can be terminated and the periods during which dismissal can be effected are limited. To employees with whom employment relations can be terminated on the basis provided for in clause 4, part 1, art. 81 of the Labor Code of the Russian Federation (change of owner of the organization’s property), includes the head of the organization, his deputies and the chief accountant.

The period during which the new owner has the right to terminate the employment contract with the above-mentioned persons in connection with a change in the owner of the organization’s property must be no later than 3 months from the date his ownership rights arise.

A change in the owner of the organization’s property is not grounds for terminating employment contracts with other employees of the organization.

If the new owner decides to carry out a reduction, then starting this procedure is allowed only after state registration of the transfer of ownership.

Violation of the law when laying off workers

If a citizen believes that the reduction was carried out illegally or with violations, he can file a complaint with the regulatory authorities. Employees of the Labor Inspectorate are required to conduct an inspection of the organization at the request of a former employee. If his words are confirmed and violations of the law are identified, the legal entity will be held accountable. As a rule, the main type of punishment is a fine.

A dismissed employee can appeal the manager's decision in court. Most citizens seek reinstatement and receive compensation for forced “absenteeism.”

Guarantees and compensation

When an employment contract is terminated due to a reduction in the number or staff of the organization's employees, the dismissed employee is paid a severance pay in the amount of average monthly earnings. He also retains his average monthly salary for the period of employment, but not more than 2 months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary will be retained by the employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after dismissal the employee applied to this body and was not employed by it.

It is worth noting that Art. 178 of the Labor Code of the Russian Federation establishes minimum guarantees. Thus, an employment contract or collective agreement may establish an increased amount of severance pay, with the exception of cases expressly provided for by law.

One cannot fail to say something about the “northern” workers. They retain their average monthly earnings for the period of employment, but not more than 3 months from the date of dismissal, including severance pay.

In exceptional cases, the average monthly salary is retained for the specified employees during the 4th, 5th and 6th months from the date of dismissal by decision of the employment service body, provided that within a month after dismissal the employee applied to this body and was not they are employed.

The procedure for calculating average earnings is established by Decree of the Government of the Russian Federation dated December 24, 2007 No. 922.

Guarantees for layoffs

Most people are poorly versed in Labor legislation, which is taken advantage of by unscrupulous managers. Employee rights are regularly violated. To avoid this, you should familiarize yourself with the provisions of the Labor Code of the Russian Federation. A dismissed employee has the right to:

Payment of severance pay	The amount should not be less than the salary that the person received while working in the organization
A job offer	Before layoffs, the manager is obliged to offer the person a new position in the enterprise. If for any reason an employee refuses a vacancy, his employment contract is terminated.
Vacation	A laid-off employee has the right to use accumulated vacation days or receive monetary compensation for it.
Going to court	If a citizen believes that his rights have been violated and the layoff procedure was carried out with violations, he can file a claim in court

It is worth noting that the legal process is initiated within one month from the date of receipt of the reduction order.

Cash payments upon layoffs

As was said, every laid-off employee must receive payments guaranteed by the state. The list of benefits is given in Chapter 27 of the Labor Code of the Russian Federation. On the last working day, the citizen is given compensation for unused vacation, financial assistance and other payments provided for by the terms of the contract. Wages are calculated based on the number of days worked.

If laid off, an employee can count on severance pay. Its size depends on average earnings over the last two years. Payment is made within three months or until the citizen finds a new job.

How benefits are paid:

For the first month	paid on the day of dismissal, in advance
For the second month	transferred upon presentation of a work book. The document should not contain notes about starting a new job.
For the third month	is paid only if the citizen has registered with the Employment Center, but has not found a new job. The benefit is obtained on the basis of a certificate from the Central Employment Center

Residents of the Far North receive benefits for six months when they are laid off.

If a person is unable to find a job 3 months after being laid off, responsibilities for financial payments fall on the Employment Center. To receive unemployment benefits, a citizen must register with the labor exchange no later than two weeks after leaving the organization.

Payments are calculated as follows:

4 – 7 months of unemployment – 75% of the average person’s salary;
8 – 11 months – 60% of average earnings;
12 month and beyond – 45%.

Advantages and disadvantages

Of course, layoffs are not a pleasant thing for an employee, especially during a crisis in the labor market. But still, a reduction, in contrast to voluntary dismissal, has a plus - it is severance pay, paid in the amount of average monthly earnings and retained by the employee for at least two months.

For the employer, the advantages are obvious - his initiative, that is, the employee cannot refuse, further optimization of expenses and reduction of the fund for wages. However, such a procedure will only further reduce the fund, since the reduction procedure itself is expensive.

Reduction of the rate by 0 25 at the initiative of the employer for a part-time worker | Edges of law

Hello, in this article we will try to answer the question “Reduction of the rate by 0 25 at the initiative of the employer for a part-time worker.”
You can also consult with lawyers online for free directly on the website. The regulatory framework is presented by the Labor Code of the Russian Federation. This codified act sets out the main provisions that relate to the process of terminating an employment agreement due to staff reduction.

If the agreement makes reference to the Regulations on Bonuses, then the agreement can state that the parties agreed to state the clause regulating the payment of bonuses in a new edition, for example: “The employer establishes incentive and compensation payments (allowances, bonuses, etc.). The amounts and conditions of such payments are determined in the Regulations on bonuses and material incentives as amended on July 1, 2015.” And by the way, the labor legislation of the Russian Federation applies to part-time workers, both external and internal, to the same extent as to main employees.

Translation, reduction, change of essential terms, etc.?

Taking into account the above, it is recommended that the new version of the staffing table be put into effect the next day after the main reduction, editing it as the remaining persons subject to reduction are dismissed. Preferential right to continue working After approval of the order, it is necessary to draw up a list of laid-off employees.

of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Periods of service in positions in the institutions indicated in the list, starting from November 1, 1999.

, and as a chief nurse - regardless of the time when this work was performed, are counted towards the length of service provided that it is performed under normal or reduced working hours, provided for by labor legislation for the relevant positions.

In the case where the work was carried out in several positions (institutions) indicated in the list during part-time work, the period of its performance is counted towards the length of service if, as a result of summing up the employment (volume of work) in these positions (institutions), normal or reduced working hours have been developed time in the amount of full time for one of the positions.

Guarantees and compensation for reductions in the number or staff of workers are enshrined in the Labor Code of the Russian Federation, collective agreements, local acts and other agreements. They apply to part-time workers in full.

In this case, the staff reduction procedure provided for when dismissing employees under clause 2, part 1 of Art. 81 of the Labor Code of the Russian Federation. After all, staff reduction implies the exclusion of a certain staff unit from the staffing table, i.e. the very need for a certain kind of work disappears.

Answer: How to increase wages, that is, increase the salary, tariff rate or piece rate set for an employee. The answer to this question depends on the reasons for the salary increase (salary, tariff rate, piece rate).

In particular, a salary increase is possible in the following cases: The salary amount is prescribed in the employment contract as its mandatory condition (paragraph 5, part 2, article 57, article 135 of the Labor Code of the Russian Federation).

Change the mandatory terms of the employment contract (incl.

To transfer an employee to a 0.25 rate at the initiative of the employer (for example, if he does not agree to voluntarily switch to new working conditions), the employer can do this unilaterally, following a special procedure: justify that the work schedule is changing due to a change in organizational or technological working conditions, notify the employee about changes and their reasons at least two months before innovations.

How to transfer a part-time doctor from 0.5 rate to 0.25?

The organization is obliged to notify the employee against signature about upcoming changes related to changes in organizational or technological working conditions, as well as about the reasons that necessitated the need for such changes. This must be done no later than two months before the introduction of such changes.

This is stated in Part 2 of Article 74 of the Labor Code of the Russian Federation. If the employee agrees with the upcoming changes, an additional agreement to the employment contract is drawn up (Article 72 of the Labor Code of the Russian Federation). If the employee does not agree to work under the new conditions, the organization is obliged to offer him another position (vacant, incl.

h. and lower-level, lower-paid), if such vacancies exist in the organization. You can only offer an employee vacancies that the employer has in the given area.

A teacher occupying 0.5 associate professor position has been notified of a change in the terms of the employment contract due to a decrease in the size of the position.

At the same time, the employment contract must stipulate that the employee has been hired part-time and indicates his working hours and rest hours (for example, a 4-hour working day - from 9.00 to 13.00). Can a part-time worker work full-time? The above restrictions on the duration of daily work do not apply in two cases.

In the situation you described, Art.

74 of the Labor Code of the Russian Federation, according to which, in cases where, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, their change is allowed at the initiative of the employer, with the exception of changes in the employee’s labor function.

Chapter 27 of the Labor Code of the Russian Federation is devoted to issues related to guarantees and compensation for workers. According to Art. 178 of the Labor Code of the Russian Federation, those dismissed for this reason are entitled to severance pay in the amount of average monthly income. The Dogovor-Yurist.Ru team brings to your attention a set of current legal documents and contracts for working with individuals and legal entities.

This procedure has its own characteristics and principles of implementation. For example, pregnant women, employees with children (according to Part 4 of Article 261 of the Labor Code of the Russian Federation), as well as some other categories, cannot be dismissed for this reason.

How to reduce an employee's rate?

I would like to get advice on a question about working at 0.5 rate (shortened work week). I work in an orphanage as a teacher organizer.

Half a year ago, my rate for the company was cut to 0.5, which I was warned about in advance. Tell me how this will be counted towards the total length of service (i.e.

They called the pension fund and they said if they work for 6 years they will be protected as 3 years). Thank you.

In accordance with Article 287 of the Labor Code of the Russian Federation, part-time workers have a full range of guarantees and compensation on this basis. Their legal status does not differ from that established in relation to other employees of the company.

I have been working in rural areas as a paramedic for 17 years. Due to the reduction, the rate was transferred to 0.5. Will 0.5 of the rate be included in honey? experience?

It is necessary to offer vacancies in other areas if this is provided for in a collective (labor) agreement or other agreements.

After all, even if he provides you with a certificate from his main place of work stating that he works there at 0.5 rate or less, having hired him, you will not be able to comply with another requirement of the Labor Code of the Russian Federation that in a part-time job an employee must work no more than half of the normal working hours.

And in general, if an employee wants to work full-time for you, then it is logical for him to enter into an employment contract with you as the main employer, and become a part-time worker at other places of work.

By the way, inspectors from the labor inspectorate, if they find you have a part-time worker working full time, will probably issue you a fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Please note that certain categories of employees have their own characteristics of part-time work.

How to correctly transfer an external part-time employee at 0.5 rate to 0.25 rate if the employee refuses to write a statement about reducing working hours?

Going to court will be a more effective measure to protect the rights of workers. It is best to protect labor rights with the help of qualified lawyers.

The absence of positions in the new staffing table that has entered into force for employees who were not dismissed due to being on sick leave or on vacation can formally become the basis for bringing the employer to administrative liability (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

This position is confirmed by judicial practice.

Thus, an amended staffing table, from which positions of laid-off employees are excluded, may come into force the next day after the dismissal of the relevant employees (decision of the Moscow City Court dated June 17, 2010 No.

Changes in working conditions for two positions

Copying materials from the website “Contract-Lawyer. Ru" is possible only with the permission of the site administration and with an indexed link to the source.

The specifics of regulating the labor of part-time workers are approved in the Labor Code of the Russian Federation. For example, in paragraph 2 of part 1 of Art.

81 of the Labor Code of the Russian Federation stipulates that an employment contract can be terminated by a verdict of the employer due to a reduction in the number or staff of workers.

However, even in this case, the employer has the obligation to warn the employee in writing 2 months in advance about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated the need for such changes.

This can be done simultaneously with the notification of changes to the terms of the employment contract determined by the parties, or the essence of the changes can be written in the notification itself, and the local act can be familiarized with within the two-month warning period.

In your case this does not happen, because... the need for this employee and his previous labor function remains, there is simply no need for the previous volume of his work.

Issue an order for the enterprise indicating the reasons two months in advance with a decision to reduce the working hours of a part-time worker, for example, for reasons of a decline in production, etc. Compensation is also reimbursed for the period of employment - up to 2 months (may be more in cases approved by law).

Source: https://stroyartisan.ru/prava-potrebiteley/7765-sokrashhenie-stavki-na-0-25-po-iniciative-rabotodatelya-sovmestitelyu.html

Mass layoff

In order for an employer to understand whether he has a mass layoff, he should refer to industry and (or) territorial agreements. Part 1 of Art. speaks about this. 82 Labor Code of the Russian Federation.

So, for example, in Moscow, according to the Moscow tripartite agreement for 2016-2018 between the Moscow Government, Moscow trade union associations and Moscow employers' associations, the criteria for mass dismissal are considered to be the indicators of the number of dismissed employees of organizations registered in the city of Moscow, with a workforce of 15 or more people for a certain period of time:

dismissal within 30 calendar days of more than 25% of the total number of employees;
dismissal of employees in connection with the liquidation of an organization of any organizational and legal form;
reduction in the number or staff of the organization's employees in the amount of:

0 or more people within 30 calendar days;
200 or more people within 60 calendar days;
500 or more people within 90 calendar days.

Reduction of employees according to the Labor Code

Staff reduction is a procedure that requires the Labor Code to comply with a number of conditions. Failure by the employer to comply with one of them may result in the employee being reinstated in the workplace, with payment of earnings for the entire period of forced absence, which will be considered the period from the date of dismissal to the date of reinstatement. Labor disputes are often resolved in court and the court, as a rule, sides with the employee.

Both employers and employees should know the rules for dismissal in accordance with Labor Law.

Dismissal due to staff reduction falls under Article 71 and must be carried out in two cases:

Upon liquidation of the position as a whole.
When reducing staffing levels for a given position.

In any enterprise, large or small, there are positions that are occupied by only one employee, for example, the head of the hot laying department. If such a position is reduced, then the employee who occupies it is dismissed.

In large enterprises, there are positions that are occupied by several (sometimes several dozen) people, for example, a commuter bus driver. Here, not all positions can be cut, but only the number of employees can be limited, for example, “reduce the number of employees from 25 to 15.” Then only a part of the persons occupying this position will be laid off; a number of other provisions of the Labor Code will come into force here.

Dismissal of workers is also carried out in case of reorganization of production. For example, when installing new equipment that eliminates jobs.

But in any case, staff reductions are carried out in accordance with Art. 178. And it is necessarily preceded by the approval of a new staffing table, which becomes the basis for the reduction and termination of an employment contract with a specific person.

When an enterprise or individual entrepreneur is liquidated, employees are also dismissed (Part 2 of Article 140). But in this case, all employees are fired, including those categories that are not subject to layoffs, for example, pregnant women caring for a baby, etc.