How to conduct mass reductions of employees. Mass reduction is how many people?

Economic instability in the country again forces employers to reduce their staff. This way of terminating an employment contract is one of the most difficult, both in terms of design and emotional side. Reduction is unpleasant not only to employees, but also to the employer.

The main processes of the reduction procedure are prescribed in the labor legislation, the subtleties - in the branch local acts. If the sectoral agreement does not classify the reduction as mass and individual, then the provisions of Part 1 of Article 82 of the Labor Code and the Regulations on the organization of work on promoting employment in conditions of mass release should be guided.

Mass reduction is how many people are subject to dismissal? Official figures:

• For 1 month, 50 or more employees were dismissed;
• For 2 months, 200 employees were dismissed;
• For 3 months reduced from 500 people.

Also for regions where the total population does not exceed 5 thousand people, the mass reduction is considered to be the release of 1% of workers in one enterprise for 30 days.

Why does the employer take such measures?

Legislation does not provide for the employer to explain the reasons for the reduction, especially if everything happens within the framework of the law. Although the reasons are usually and so clear: this is a decline in production, inefficiency of higher management, automation of production processes.

So, the reason for mass reductions of doctors in Moscow were the optimization measures in the field of public health. It is still too early to speak about the effectiveness of such measures, but many people were left without means of livelihood, having a noble and demanded profession.

The order of reduction. Establishment of a reduction commission

Despite the fact that this stage is not envisaged by any legislative act, judicial practice suggests that such decisions are better taken collectively, and not solely by the director. The commission will decide whether the mass reduction is justified, how much it is a person and from which departments and divisions.

It is at this stage that the number of persons from the category not falling under the reduction should be determined. It is also a good idea to draw up a comparative table to identify employees with higher qualifications, hence having the pre-emptive right to stay at work. The defining criteria can be:

- work experience;

- the absence of marriage and violations for a certain period of time;

- personal contribution of the employee to the development of the enterprise.

Evaluation can be carried out not only within a certain category of posts, but also between posts with different names, but with a similar range of responsibilities. The result of the work of the commission should be a protocol with a list of employees subject to reduction.

The order on reduction with the instruction of posts and surnames

Such an order is issued at least 2 months before the release date of the employees. Although this order comes into force, along with orders for the dismissal of employees.

If a mass reduction of workers is carried out, it is more rational to create a new staffing table than to make changes to the old one, but it can enter into force only after the termination of the reduction procedure.

Notification of employees about the forthcoming release

The legislation provides for a two-month period to notify the employee of the forthcoming dismissal. The best option is personal written notices issued to everyone under the signature. One copy of the notice with the signature of the released employee must be kept by the employer.

If individual employees refuse to accept a notification or sign, then an appropriate act should be drawn up, involving members of the commission and other employees, preferably from other units, to its signing. In the absence of an employee in the workplace due to being on leave or on sick leave, you can send a notification with a list of documents being sent and a notification.

With a massive reduction in physicians in Moscow, many employees resigned before the onset of the reduction. Indeed, you can leave early. At the same time, the employer is obliged to make all the payments guaranteed by the legislation.

Proposal of other work

After the delivery of the notice or at the same time the employer is obliged to offer the employees a different place of work, if it is vacant. Whether it is a mass reduction of doctors or other specialists - you can offer vacancies that do not even match the qualifications of the employee being cut, with lesser pay.

If vacancies were offered along with the notification of reduction, and the employee does not want to change the profession, then on the notification he should write that he refuses the proposed vacancies.

In the absence of free workplaces, the employer is also advised to draw up a relevant document about this and to acquaint all the released personnel with a signature. Naturally, the staffing table should confirm the absence of vacancies.

Notification of the trade union

Simultaneously with the notification of employees about the forthcoming release, it is necessary to notify the trade union. If we are talking about mass reductions in Russia, then 3 months before the forthcoming reduction date.

Legislation does not require the employer to obtain consent from the trade union organization. The administration can limit itself to notification only.

Translation of staff who agrees to take on vacancies

There are no special requirements for the transfer of personnel during the reduction period, everything is carried out according to a standard procedure. An employee may express his consent by affixing an appropriate note on the notice. After that, the employer makes these changes in the employment contract.

Stage of dismissal

Mass reductions are the execution of an order to terminate an employment contract with each employee. Naturally, with a huge size of the enterprise, a great deal of workload is placed on the personnel service, but there is no other option. Also, it will be necessary to record in the workbooks of those employees who are being dismissed, that is, to conduct a full discharge procedure with each shortened employee.

If an employee does not want to receive a work permit or is absent on the day of dismissal at work, then on the same day, he must be sent by mail with a notification requesting him to come to the enterprise to receive a work book. In case of employee's illness, the date of dismissal is postponed to the moment when the employee comes to work with a sick-list on his hands.

Carrying out of calculations

Both a single and a massive reduction in the number of employees involves the payment of additional compensation, namely:

- payments for the last month of work, including all bonuses and bonuses;

- Payment for each day of the unsolicited leave;

- allowance in the amount of the average monthly fee.

It should be remembered that failure to pay all compensation on the day of dismissal or the next day entails paying interest at the rate of not less than 1/150 of the current key rate for each day of delay.

Possible payments if the shortened staff could not find a job

With a massive reduction, no matter how many people it is, almost all of them become registered in the employment center in order to get at least some social guarantees and an opportunity to find a job.

If within 1 month from the date of reduction and registration in the Employment Center the employee was unable to find a new place of work, he is entitled to present a disability sheet for payment to the former employer. Unemployed personnel can expect to receive an average monthly salary from a former enterprise for 2 months from the reduction. Naturally, such payments will be reduced by the amount of the social unemployment benefit received.

In order to receive payment, a former employee can apply to the employer with a written application and work record, which is proof that he is not employed. In some cases, the possibility to receive wages remains for the unemployed for 3 months from the moment of mass reduction:

- subject to contacting the employment center not later than the end of the two-week period after the reduction date;

- The Employment Center was unable to employ the unemployed for 3 months;

- an unemployed person must receive an appropriate decision from the employment agency where he is registered.

An employee should himself be interested in his rights, for example, often in a collective agreement, higher compensation is prescribed for mass reduction of staff. Therefore before employment it is not necessary to approach formally to studying of such document.

Practical issues

Often, employees do not understand what a massive reduction is, how many people should be fired and for how long. The employer enjoys this and can simply get rid of "unnecessary" personnel. Simply put, in time to collect the same number of people, but for a lower salary. This is confirmed by judicial proceedings, where employees won. There were cases when abbreviated employees were able to prove that their post was not actually reduced, since the number of staff members did not change after dismissal, which was confirmed by the inspection of the labor inspection. After massive cuts of doctors, perhaps, there will be more than one trial, and, most likely, on the grounds that an incorrect evaluation of labor productivity was carried out for other reasons.