Sample notification of vacancies, 2021, 2021 - Enterprise records management documents

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Published: 05/17/2016

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The Labor Code of the Russian Federation obliges the employer, when reducing staff or numbers, to offer the employee available positions at the given enterprise. This is indicated in the first part of Article 180 of the Code.

A vacant position may correspond to the qualifications of the employee and the position he previously occupied, and may also be lower in terms of qualifications and pay..

If there are no vacant positions, this legal requirement is removed from the employer.

Structure of the proposal form
Vacant positions
When is the offer given?

Which employees are not subject to layoffs by law?

When staffing is reduced, a list of persons subject to reduction is compiled, i.e., those who will be fired. It does not include persons who have a priority right to remain at work (in relation to Article 179 of the Labor Code of the Russian Federation). These are, as a rule, highly qualified employees with high labor productivity, as well as persons with dependents and other categories of citizens.

In addition, the Labor Code of the Russian Federation determines a list of employees who cannot be laid off at all. So, for example, it is prohibited to dismiss under clause 2 of Art. 81 Labor Code of the Russian Federation:

women who are on maternity leave (Article 256 of the Labor Code of the Russian Federation);
a pregnant woman (Article 261 of the Labor Code of the Russian Federation);
single mother with a child under 14 years old;
persons on vacation (sick leave);
workers with children under 3 years of age, or raising a child without a mother;
trade union members;
minors and other persons.

All of the above categories of citizens remain working at their previous workplace. The downsizing procedure does not apply to them.

Criteria for proposed positions

The employee will be dismissed if there is no possibility of transfer to a vacant position that meets the criteria (Part 3 of Article 81 of the Labor Code of the Russian Federation). The employer offers the redundant employee positions that meet the following requirements:

The position must be vacant or temporarily occupied. The employee is offered jobs and positions occupied by part-time workers. The contract for additional work is terminated when a person appears who has expressed an intention to be employed in a position at the main place of employment (Article 288 of the Labor Code of the Russian Federation). Offers of positions occupied by part-time workers are made at the request of the employer.
There is compliance with the employee’s qualifications, confirmed by diplomas and certificates. The concept of qualification is given in Art. 195.1 Labor Code of the Russian Federation. The requirements approved in the job description are taken into account.
The workplace is located in the person’s locality of residence.
A state of health suitable for the performance of the position.

The employer must offer all relevant positions, including those of lower rank or pay. If there is one vacancy and the same qualifications of those being laid off, an offer is made to all employees at the same time. There is no preemptive right to take advantage of a vacancy.

What is a redundancy notice with vacancies offered?

The employer is simply obliged to notify each employee on the dismissal list in writing and in a timely manner about the upcoming layoff. For this purpose, the law provides for a notification format - written notification. However, there is no standard form for it. Therefore, it is compiled by employees of the personnel department in any form, observing the requirements of the Labor Code of the Russian Federation regarding information. A typical redundancy notice contains the following information:

Name of the organization.
Full name, position of the person being dismissed.
Date of compilation.
Document's name.
The basis for the reduction, the start date of the procedure and the dismissal of the employee.
A proposal for transfer to specific vacancies available in the organization (a list of positions with salaries and rates for them is usually attached).
A warning that if you do not agree to the transfer, the employee will be fired.
Employer's signature.

At the bottom of the document, space is usually left for the signature of the employee who has read the notice. As a sample when developing your own notification form, you can use the following document template.

Notification without position offer

If at the time of layoff there is no vacancy in the organization that an employee could fill, then the head of the organization is also obliged to inform him about this. For this purpose, a separate document can be drawn up, which must indicate the following information:

the full name of the organization without abbreviations;
the date of creation of the document and the number assigned to it;
about the full name, position and structural unit in which the dismissed employee works;
about the exact name of the document - “Notice of lack of vacancies”;
about the absence (as of a specific date) of a position that would suit the employee for transfer.

At the end of the document, the position of the head of the organization must be indicated, as well as his signature. The application is drawn up in two copies, one, which remains with the manager, must bear the signature of the employee. If the employee refuses to sign the document, a corresponding act is attached to the notification.

Sample notice of layoff without job offer

It is important to know! Current legislation obliges the director of the organization to send repeated notification to the employee if vacancies become available. This procedure is necessary even if a suitable vacancy appeared on the person’s last working day.

Read on the topic: Notification of the employment center and trade union about staff reduction

Read on topic: Downsizing after maternity leave

What vacancies are offered to laid-off employees during layoffs?

The employer must prepare (agreed) in advance a list of available vacancies that can be offered to a particular employee. When systematizing them, one should be guided by general selection criteria. Positions subject to redundancy are not offered to anyone.

What vacancies should be offered to the dismissed person?
Vacant or part-time positions	According to confirmed qualifications	At the place of residence of the dismissed person	Compliant with health status	Positions occupied by part-time workers (offered at the discretion of the employer)

When preparing possible translation options, you should also take into account the following nuances. When they say that a position is vacant, they mean that it is not occupied by anyone, that is, it is free. In this case, the position in which a part-time worker works is not recognized as vacant.

Qualification is confirmed by a diploma and other educational documents. Meanwhile, when offering a specific position, it is important to take into account not only the employee’s specialty according to his diploma, but also the job responsibilities that he will need to perform.

In addition, the person being laid off cannot be offered positions in separate divisions of the organization that involve moving to another location. His future workplace should be located where he lives, i.e. where his previous place of work was before the layoff.

The employer has the right to offer a lower position or a lower paid position if there are no other options in the organization. Workers with the same qualifications can be offered one position if it suits everyone’s level of training. Each employee always retains the unchangeable right to accept or refuse this offer.

What should be offered to a redundant employee?

When reducing staff, the dismissed employee must be offered all currently existing vacant positions in the organization (read more about what an employer is obliged to do when laying off an employee and what rights management has) that are suitable for him. It does not matter whether they are equivalent or not to the position that the employee currently holds.

The main requirement is that the proposed position must correspond to the employee’s qualifications and state of health. The redundant employee has a preferential right to remain at this enterprise. This means that if he agrees to take a certain position, it will be he, and not an outside applicant, who will take it.

The fact that the employee was offered a vacant position must be documented. Consequently, the employer draws up a written notice offering to take a certain position (or with a list of available vacancies), and the employee, in turn, agrees or gives a written refusal.

If at the time of termination of the employment contract there were no suitable vacancies in the organization, in the event of further litigation, the court will check this information.

A person being laid off due to redundancy is not required to agree to a new position offered by the employer. If he doesn’t like her, he can leave and receive all the payments due upon layoff (read more about the dismissal procedure and the rights of an employee here, and from this article you will learn how this procedure is formalized and what documents are issued).

Written refusal of the dismissed person from vacancies offered by the employer

Having received a notice of an upcoming staff reduction with vacancies that can be transferred to, the employee must respond to it. If he agrees to be transferred to one of the proposed positions, he must write a corresponding application for transfer.

If the dismissed person refuses the vacancies offered by the employer, he must indicate this in writing. There are two options for filing a waiver. First: the person being dismissed writes his response (refusal) on the notification itself, containing the offer of vacant positions. Second: the dismissed person draws up a separate written refusal in any form in the form of an application.

The refusal statement itself is written to the head of the organization (director) in a general manner. The structure of the document is standard. First comes the header, which indicates the position, full name of the addressee and the applicant’s details, then follows the title and the main text part. The application at the end is dated and signed personally by the applicant. The following version of the application can serve as a sample for writing.

To the Director of Bastion LLC

M. F. Ignatiev

from designer N. R. Yaroshevskaya

Statement

On September 3, 2021, I received a notice of an upcoming layoff, which contains a proposal to transfer to another position. I refuse this offer.

09/04/2021. N. R. Yaroshevskaya.

Attention should be paid to the fact that as soon as the written refusal reaches the employer, the employee can be laid off immediately, without waiting for the end of the period specified in the notice. In the event of such a refusal, early dismissal is a completely legal and justified norm.

Common mistakes during downsizing

Mistake 1. Reducing staff and number of employees are two different procedures. Each of them is initiated for different reasons and has its own individual procedure.

In the first case, when staffing is reduced, specific positions are excluded from the staffing table completely. For example, the position of a consultant or secretary is canceled and excluded. After their liquidation, not a single consultant (secretary) will work in the organization anymore.

In the second, when the number of employees is reduced, the number of staff positions is reduced, but the profession itself is left on the staff list. For example, out of 7 assistant bets, only 2 are left, and the remaining 5 bets are canceled. In other words, 5 assistants are fired, and two are left to work.

Error 2. Dismiss an employee under clause 2 of Art. 81 of the Labor Code of the Russian Federation, in the absence of vacancies, they cannot, if on the day of termination of the contract at least 0.5 positions were vacant in the organization. Following the established procedure, it must first be offered to the person being dismissed. If the employer does not do this, then the dismissed person has the right to legally appeal such a controversial dismissal in court.

Answers to frequently asked questions

Question No. 1: A store salesperson was laid off. In the notice that he was given, the employer offered to choose one of two vacancies (cashier, courier). Can he wait a while and not respond right away, or can these vacancies be filled and they won’t offer him anything else?

The law does not oblige you to immediately respond upon receipt of a notification. That is, an employee who has been laid off has the right to wait until the date of dismissal (but not later) and then agree with the employer’s offer or refuse it. As is customary, if by this time the proposed vacancy is filled, the employer will send him another notification.

But one more point should also be taken into account. The employer has the right to indicate in the notice a specific deadline for response. Therefore, if there is one, the employee must comply with it and respond to the employer within the given period, not later.

In general, a dismissed person may be offered available vacancies not only in the notification of an upcoming layoff, but also after that. In particular, as new vacancies are created until his dismissal. And even on the last day of dismissal.