Exclusion of a position from the organization’s staffing table

We are preparing an order

It is clear that the exclusion of a position from the staffing table in 2021 is formalized by an order from the head of the organization amending the company’s staffing table. This should be done when reducing the size of the staff by canceling one position, and when eliminating an entire structural division of the company, and when excluding a position from the staffing table and offering a new one.

• use the unified staffing form No. T-3, approved. Resolution of the State Statistics Committee dated January 5, 2004 No. 1;
• apply an independently developed form approved by the head (provided, of course, that it contains all the necessary details provided for in Part 2 of Article 9 of the Law of December 6, 2011 No. 402-FZ).

Please note that exclusion of a position from the staffing table during a layoff must be made only the next day after the employee’s dismissal. The fact is that occupied positions cannot be removed from the staffing table.

Let us remind you that the day of dismissal is the last working day. This means that a new version of the staffing table can be put into effect only the next day after the employee vacates the position.

Thus, exclusion of a position from the staffing table during staff reduction is possible only the next day after dismissal.

There is no single unified form of addition to the staffing table, so the order can be drawn up in any form.

Especially for our readers, our specialists have developed an order to exclude the position from the staff. The sample is available for free via a direct link.

The staffing table is the main document that defines the organizational structure of an enterprise.

However, there are situations when it is necessary to make changes to the schedule - in particular, to withdraw or, conversely, to introduce a new specific position. In the article we will look at how to correctly reduce a position and remove it from the HR, and what the organization’s management should remember about this.

Procedure for dismissal due to reduction

The reasons for job reduction may be a change in management or founders, economic crisis, or the introduction of innovations both in production and management. All this leads to staff optimization and the release of unnecessary positions. As a consequence - abolition at the enterprise, changes in the staffing table, after which:

1. A corresponding order is being prepared.
2. Employees planned for layoffs, the employment service and the trade union (if there is one) are notified.
3. Mandatory payments are made.
4. A dismissal order and a work book are issued to each laid-off employee.

Additionally, after notification, the employer may offer the laid-off personnel to move to another job at the enterprise (Part 3 of Article 81 of the Code). He is not obliged to provide a higher paid or equivalent position; he has the right to offer a lower vacancy.

Let’s find out who cannot be laid off when reducing staff by reading this article.

If employees agree to the transfer, they write a corresponding application and the registration procedure for new positions begins. Refusal of the offer is also recorded in writing.

Changes in staffing

This is an organizational and administrative document that determines the composition and number of employees of the enterprise. It displays all positions, names of professions, describes the qualifications of personnel, their allowances, and salaries. Changes to the staffing table must be justified . This is the position of the Constitutional Court of the Russian Federation (decision dated December 12, 2007 No. 867). Positions are added or abolished by appropriate order.

Preparation of management order

If a decision is made, it must be documented. For this purpose, a management order is being prepared. It states:

• Reason for abolition of positions;
• Persons responsible for the dismissal procedure, the scope and procedure of their actions;
• Time frame for job reductions.

The issued order must be registered in the prescribed manner. As a rule, it is entered in the appropriate journal of administrative documents.

Dismissal due to the abolition of staff is preceded by the approval of a new job schedule at the enterprise. This document must be put into effect by order of the head; it indicates the date from which it comes into force.

Notice by law

As soon as an order to reduce a position is issued, it is necessary to notify:

• Employees to be dismissed;
• Employment service about the expected release of personnel;
• Trade union, if there is one.

Notification by law is provided only in writing. The laid-off workers are required to obtain a signature stating that they have been warned about the upcoming changes.

If any of the employees refuses to sign, this fact must be recorded in the act. The document is drawn up and signed by the responsible employee, as well as two or more witnesses to the refusal.

Special material has been prepared on the topic of notice of staff reduction (with a sample) - we recommend reading it.

The notice is prepared in two copies, one of which is given to the employee. If it is not at the workplace, it can be sent by mail in a valuable letter with an inventory of the contents and a receipt.

Payments and compensation to employees

On the day of dismissal, laid-off employees are paid wages for days worked, compensation for unused vacation and severance pay in the amount of the average wage for 1 month.

Compensation for unused vacation is due to those employees who have worked at the enterprise for at least 5.5 months.

In addition to these payments and compensation to the employee, he is entitled to severance pay for the second and third months. He has the right to claim them if, after dismissal, he is not employed during this time. There may be other payments provided for in the employment or collective agreement.

Why is it necessary to exclude unnecessary units?

The reasons why a specific position should be excluded from the staffing table of an enterprise are varied:

• Based on the results of an analysis of the enterprise's production activities, the position turns out to be redundant.
• If an employee quit and the position was vacant for a long time, and there were no people willing to fill it, the organization’s management came to the conclusion that there was no need to keep it on the schedule.
• There is a reduction in the number or staff of the employer - and the norms provided for in Art. 81 Labor Code of the Russian Federation.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The reasons for a particular position in the staffing table to be redundant can be varied. The main thing is that changes need to be made to the schedule .

Making changes to the staffing table

The validity period of the approved “staff” is not limited, therefore, if there have been no personnel changes, then there is no need to review or change the document. However, there are situations when it is necessary to make changes to the “staff”. To change a valid document, you can go in two ways:

• or make adjustments to the staff by order of the manager;
• or prepare a new edition of the “staff” and approve it by order of the manager.

The choice of one of the two options is at the discretion of the employer. It is recommended to completely redesign the staff in cases where the adjustments are either very extensive or affect the names of positions and structural divisions. If the edits are spotty, then it is better to issue an order to make changes to the staffing table.

Do I need to enter a new document?

Labor law does not provide a clear answer to this question. One can only draw a conclusion based on an analysis of practice:

1. If the changes are so significant that you can no longer use the old document, you should enter a new schedule. The same applies to cases where changes have been introduced before, which, having accumulated, interfere with the use of the schedule.
2. If the changes concern only one position (especially if it is vacant, and the changes will not affect those people already working at the enterprise), it is easier to create an appendix or addition to the existing schedule. Then you can start from the new document.

Registration of minor changes

In order to bring the staffing schedule into line with the current situation and document the changes being made, the organization needs to take a number of steps.

1. Prepare a memo. It is compiled by the head of the personnel department, economist or other specialist whose competence includes resolving such issues. It is on the basis of the note that the management of the enterprise decides that it is necessary to take steps to optimize the staffing table. In small companies, this step is not necessary - the manager there can independently come to the conclusion that it is necessary to reduce the position from the schedule.
2. Prepare an order for registration of changes. In it, the head of the company indicates which positions and on what basis are removed from the staff, within what time frame measures must be taken, and who is responsible for processing the documentation.
3. Draw up an addition to the staffing table or prepare a new copy of this document with already changed content.
4. Prepare an order approving the changes. The staffing table comes into force only after it is approved by the head of the organization.

In addition to cases of staff reduction and removal of vacant positions from the schedule, there are situations when a position is vacated due to an employee going on maternity leave (that is, for pregnancy and childbirth, and then for child care).

The Labor Code of the Russian Federation guarantees pregnant women and parents caring for newborn children the preservation of their jobs - therefore, in the event of going on maternity leave, another person is usually hired to replace the departed employee under a fixed-term employment contract. But is it possible to remove “maternity positions” from the schedule altogether?

It must be remembered: the only way to fire a pregnant employee is to liquidate the company entirely, and you can fire someone who is on maternity leave only for gross violation of discipline, provision of false documents and other guilty actions (Articles 256 and 261 of the Labor Code of the Russian Federation).

Therefore, with any optimization and elimination of a “maternity position” you need to wait until the employee returns from vacation, but even in this case there is a certain additional procedure for reduction:

• Notify the employee about the planned reduction in staff or number of employees in the organization.
• Offer another vacancy in the company.

Dismissal must occur in the manner provided for in Art. Art. 81, 82 and 180 of the Labor Code of the Russian Federation.

However, even in this case, it is impossible to remove the “maternity position” from the staffing table.

Changing the title of a position or department

Renaming, as a rule, does not entail a correction in the labor function of an employee (or an entire department). If the labor function changes, then renaming cannot be carried out. It is required to formalize the transfer of an employee (or several employees) to a new position. Changing the name will entail making adjustments and additions to the employment contract, the work book and the employee’s personal card. Thus, such innovations not only require notification, but also consent from employees. In case of refusal, the employer should be guided by Art. 74 of the Labor Code of the Russian Federation, without missing the mandatory notification to the employee two months before the adjustments. You can use this sample order to change the staffing table.

Documents for recording innovations

In order for changes in the staffing table related to the exclusion of certain positions from it to come into force, the following documents are required:

The memo and orders are prepared either in any form or in accordance with the rules of office work approved by the organization.

But there are separate rules for changes in staffing. The fact is that until recently there were mandatory forms for processing such documents, approved by Decree of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004.

However, since 2011, when the Federal Law “On Accounting” came into force, companies have the right to develop their own forms for primary documentation , if these forms are not introduced by authorized government bodies.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

Thus, in order to draw up an addition to the schedule or a new staffing table, both the previously valid form No. T-3 and the original form developed in the organization can be used.

Is this document required?

Retrenchment of employees is a rather complex process that requires compliance with legal regulations. In case of violation of labor laws, employees have the right to challenge the employer’s actions in court if their labor rights were violated.

If the employer violated the procedure and did not draw up all the necessary papers to change the number of employees, then the court may declare such dismissal illegal. An order to change staffing or headcount is a mandatory document from which the entire reduction procedure begins.

In some cases, a change in the staff of employees and a reduction in their number occurs simultaneously, then the employer draws up one general order.

The order form is not approved at the legislative level, so responsible personnel department employees can draw it up in any form. Employees subject to dismissal must be informed of the employer's decision no later than 2 months before the upcoming event. Read more about employee notification here.