In labor relations, reduction is usually called an organizational event that implies the elimination of the existing staff. In other words, the employer has the right to legally dismiss employees, citing a reduction in the number of personnel or a reduction in the number of workers.
This basis is stipulated by paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation; it refers to the grounds for dismissal of employees on the initiative of the employer himself - both a legal entity and an individual entrepreneur. Moreover, such a reduction can be either complete (all employees are fired) or partial (only certain staff units leave).
You should find out whether it is necessary for the employee being laid off to file a notice of his or her own resignation. It is important to understand in what situations it is practiced to submit such paper to the employer. Another point is for an employee to write a letter of resignation early in the event of an announced layoff. If early submission of a written warning is allowed, then it is necessary to understand how this document is drawn up.
When is an application necessary?
When reducing staff, the employer must notify all employees in writing 2 months in advance. If a worker deliberately wants to quit before the appointed date, it is necessary to draw up a certain document.
Important! This must be an agreement to terminate the employment relationship earlier than the agreed period, and not dismissal on the employee’s own initiative, otherwise he will not receive additional amounts due to him.
In the current situation, the employer will decide whether this type of termination of the contract is acceptable, or whether it is worth laying off the employee according to the stipulated deadlines. Even if the worker sends a letter of resignation, asking to be fired earlier than the stipulated date, only the boss has the right to decide whether to terminate the employment relationship.
Article 180 of the Labor Code of the Russian Federation states that the boss has the right, but not the obligation, to terminate the employment relationship after the written consent of those being laid off immediately. In the case of an employee leaving on his own initiative, such questions do not arise, since this is his legal right.
Application for dismissal due to staff reduction. 2021 sample
The Labor Code of the Russian Federation does not decipher the difference between staff reduction and staff reduction. In practice, the difference is also insignificant and consists only in the fact that when the number of employees is reduced, the position in the staffing table is retained, but there will be fewer workers in it (for example, instead of three managers, there will be only one left in the department).
When staffing is reduced, a specific position is completely excluded from the schedule (for example, the position of a personnel officer is abolished at an enterprise, and his duties are transferred to an accountant).
Dismissal due to staff reduction is the termination of an employment contract at the initiative of the employer, associated with the elimination of a position as a whole or a reduction in staffing levels for a particular position. This procedure is regulated by the provisions of Article 81 of the Labor Code of the Russian Federation.
Not all personnel officers know whether it is necessary to write a letter of resignation when reducing staff.
In what cases is it not necessary to write a statement?
Termination of the contract in this way implies the initiative of the employer, since it was he who signed the order on the upcoming reduction in the number of staff. It follows that an application for dismissal due to reduction is not required from the employee. By a certain date, the reduction will be made based on the relevant order, the person will receive all the required payments.
At the same time, it is important for the worker to be careful about the documents that he signs when he quits. It will be more profitable for management if an employee quits on the basis of personal initiative, so most likely such offers will be received.
Document drafting examples
Example 1:
Arctur LLC plans to reduce the number of employees on December 14, 2016, and therefore, on December 10, 2021, corresponding written notifications were sent to employees. N.I. Korshunova, who holds the position of accountant in the economics and forecasting department, is going to terminate the contract prematurely (she has found a new job).
A sample letter of resignation due to reduction will look like this:
Example 2:
CJSC Globus plans to reduce the number of employees on April 26, 2017. Staff received written warnings on 2/26. 2017 Sales Representative G.V. Solovyova wants to leave the company early because she has found a new job.
The submitted application will look like this:
Drawing up an application for dismissal due to staff reduction in 2021
The procedure for terminating an employment contract and settlement directly depend on the correctness of the document. The legislation does not provide for an established sample application for dismissal due to reduction, so the petition is drawn up in free form.
The general structure is:
- Document header. Located in the upper right corner of the sheet. Contains the name of the legal entity and full name of the manager, as well as information about the employee (full name, position).
- Main text. In the center of the page the title of the document “APPLICATION” is written (it is recommended to be in capital letters and in bold). The request is clearly stated underneath.
- Final part. The desired date of termination of the contract is indicated and a signature is placed with a transcript. The date the document was drawn up is written below.
What to consider when writing text:
- the employee must give his consent to the early termination of the contract. This gives the employer the right to issue early dismissal. otherwise, the reduction procedure cannot be implemented;
- a clear formulation of the request and the reason for dismissal: due to staff reduction, and not of one’s own free will; payments in these cases are calculated according to different articles (77 or 81 of the Labor Code of the Russian Federation);
- The presence of ambiguous phrases that distort the meaning is not allowed.
The text should contain the following points:
- information that the employee has received notice of the upcoming layoff;
- date of receipt of the written warning;
- list of proposed vacancies (if any);
- desire to terminate the contract before the reduction occurs;
- information that the employee expects to receive payments in connection with the reduction.
To write a letter of resignation due to reduction, use an ordinary A4 sheet. Fill out in printed form or by hand in legible handwriting.
Errors are unacceptable.
Payments
Based on the application for early dismissal, an Order is issued and a corresponding entry is made in the work book. Subsequently, all payments required by law are made.
The employee is assigned:
- salary for days worked in the month in which the employment contract is terminated;
- compensation for unused vacation;
- payments equal to the average daily earnings for the days remaining before the expiration of the warning period;
- severance pay;
- salary for two months following the day of dismissal.
How to properly formalize and carry out the procedure for dismissing employees: a step-by-step guide
Let's take a closer look at how the reduction process proceeds in accordance with the legislation of the Russian Federation.
Creation of a commission
First, the head of the enterprise issues an order to form a special commission to reduce the number of employees. This step is not required, but it is still recommended. The decision about which employees should be fired can be made by the director of the enterprise.
But as judicial practice shows, it is better to do this together with the company’s public.
After the commission makes a decision, it will be necessary to draw up a protocol indicating which employees will be laid off.
This category includes pregnant women, as well as those who have a child under 3 years old, single mothers with children no older than 14 years old (if the child is disabled, then up to 18 years old) and people raising a child without a mother ( according to Part 4 of Article 261 of the Labor Code of the Russian Federation).
Signing the order
Formation of a list of positions that will be reduced, as well as workers who have the advantage of remaining in their current place of work.
A layoff order is issued by the management of the enterprise no later than 2 months before the dismissal of employees. However, it begins to act together with the order to reduce employees.
If major changes are planned in the staffing table, then it is advisable to change it. The adjustments will also take effect after 2 months.
In order for them to take effect, you need to create an order. The changed staffing table will be in effect from the moment when the positions affected by the reduction cease to exist, that is, dismissal occurs.
Employee Notification
In accordance with Part 2 of Art. 180 of the Labor Code of the Russian Federation, the head of the company must inform the employee about the upcoming dismissal 2 months in advance.
The management of the enterprise is obliged to notify the employee of the layoff only in writing. In the notification, the person must sign and indicate the date on which he received this document.
If the employee does not want to sign the notice and other documents related to the job reduction, then you can send the notice to the worker’s home address and draw up an act of his refusal to sign the notice.
This document must be signed by the originator, as well as by two employees who were present when the dismissed employee refused to sign the notice.
If a person draws up a written consent, then the employment relationship with such an employee can be terminated in advance. In such a situation, the employee can receive compensation that will be equal to the average salary.
It is calculated according to the time remaining until the reduction warning ceases to apply. (according to Part 3 of Article 180 of the Labor Code of the Russian Federation).
Offer an alternative position
After the notice is given to the employee, within 2 months, if vacancies appear, they will need to be offered to the person who was laid off.
It is necessary to offer an employee only such vacancies that will correspond to his qualifications , as well as lower-paid positions that the person can cope with. (Part 3 of Article 81 of the Labor Code of the Russian Federation).
Union Alert
Notification to the trade union must be made in writing and submitted 2 months before dismissal, and if a massive layoff is planned, then no later than 3 months.
Marks when agreeing to transfer to a new job
Employees who agree to take the proposed vacancies at the same enterprise will need to be registered according to the standard procedure.
It will be necessary to draw up a notification when an employee transfers to one of the vacancies offered to him. Next, changes are made to the employment contract, and an additional agreement is drawn up. After which an order is created, and the employee is transferred to another position.
Registration upon dismissal
Before two months have passed, an order to dismiss the worker must be issued. The employee must sign the document. After this, an entry is made in the work book of the dismissed person.
It is issued to the employee on the day before dismissal. In addition, the dismissed person will have to draw up an application, according to which he will be able to obtain other documents and certificates related to his work.
If it is not possible to hand over a work book to a dismissed employee, then he is sent a notification by mail that he must come to his former place of work and pick up the document.
However, then, in accordance with Part 6 of Article 84.1 of the Labor Code of the Russian Federation, from the date of sending the notice to the employee, the head of the enterprise will not be responsible for the fact that there was a delay in issuing a work book to the employee.
In addition to the salary that goes into the final payment, a person will have to receive additional monetary compensation , which is provided for in parts 1 and 2 of Article 178 of the Labor Code of the Russian Federation.
If an employee is unable to find a new vacancy within 2 months from the date of layoff, he must confirm this fact by presenting his work record book to his former employer as proof.
Only under such circumstances is the head of the company obliged to pay him monetary compensation.
According to Article 81 of the Labor Code of the Russian Federation, a person who has been laid off can, after dismissal, receive an average monthly salary from his former employer for 2 months until he gets a new job.
Above is a step-by-step procedure for reducing staff with sample documents.
What must the employer provide?
The first document that must be prepared by the employer before layoffs is an order on the basis of which the dismissal of employees will be carried out.
The document must contain the following:
- date of upcoming reduction;
- Name of the organization;
- description of the reason for dismissal;
- a list of positions that will be eliminated;
- CEO's signature.
The next document, which is also drawn up by the employer, is a notification of the upcoming layoff.
The notification must provide information about available vacancies that can be filled by employees who have been laid off. The employee for whom the document is intended will need to sign. This will confirm that he has read the document.
On the day before the reduction, the management of the enterprise issues a dismissal order , which is filled out in form No. T-8, and an entry is also made in the work book. The employee receives the payment and takes all the necessary documents.
