Legal reduction of the employee

One of the disputable labor situations is the reduction of the employee for reasons independent of him. And this rather laborious process must pass in such a way that the employee is not hurt. The reason for termination of employment may be the wording "staff reduction" or "reduction in the number of employees." The difference in these formulations is not significant.

If the enterprise has a reduction in the number of workers, the employer has the right to leave the most qualified employees in the workplace. And this is understandable. In any case, the legal rights of the employee, with its reduction, must be fully respected.

Before delivering the notice of reduction, it is necessary to analyze the situation, compare the professional capabilities of employees. And only after this, notify the employee of his reduction. Moreover, there must be documentary evidence.

For each of the employees being cut, an extract is prepared, which reflects all the information about its professionalism - for comparison. After candidates for continuation of work activity are selected, and candidates for reduction, a special commission is created. It should consist of three people. If there is a trade union organization at the enterprise, a member of the trade union must be included in the commission. After reviewing the documents submitted to the contracted, the commission, on the right of the advantages of leaving employees in the workplace, makes a decision. Then a protocol is drawn up, which indicates the reason for the reduction of the employee.

Some categories of employees have guarantees, with the current reduction in staff. These include:

1. Women in position;
2. Women who raise children no older than three years;
3. Single mothers who have a disabled child in their arms, are under the age of 18, or a healthy child under 14;
4. Other persons who raise the above-mentioned children without parents.

In the comparison procedure, such personal qualities as organization, sociability, purposefulness - are not taken into account. All emphasis is on the professional qualities of the employee, which have a positive effect on productivity.

Reduction of the employee should not lead to a controversial situation. There is a category of workers and employees who, in case of dismissal, have the pre-emptive right to remain at their workplace. It:

1. Workers in whose families there are two or more dependents.
2. Employees who are on advanced training in the direction of the enterprise;
3. Persons with disabilities who took part in military operations to protect their country, or disabled veterans of the Second World War;
4. Workers who are injured at work, or a disease associated with the profession.

After determining who is remaining at work according to the pre-emptive right, lists of employees to be dismissed are drawn up. Further, an order is issued to dismiss the reduction, with which the employee must read and sign it.

Also, the employee who is being cut can offer a transfer to another location available to the employer. The transfer will be made after the written consent of the employee. And, he has no right to choose any vacant place. The proposed workplace must meet the qualifications of the employee. If the employer is not able to provide such work, he can offer the employee a lower-paid and lower-level position, which corresponds to his state of health.

If, the reduction of the employee was violated, a person can apply to the courts, and appeal an unlawful dismissal. The defendant - the employer, must prove that the procedure of reduction is legal and carried out in compliance with the existing rules. Otherwise, the employee must be reinstated in his previous position.