We send a notification to the employment center about staff reduction: deadlines and sample for 2021


Must the employer himself notify the Central Employer of the dismissal of employees, and within what time frame?

If an enterprise makes a decision to reduce the number or staff of employees, then how to notify the employment service about this is indicated in Part 2 of Art. 25 of Law No. 1032-1: management is obliged to send a written notice to the Central Employment Center no later than two months before the actual dismissal of employees . In case of preparation of mass layoffs – three months in advance.

The law does not provide quantitative criteria for mass participation. In a number of industries and regions, calculation formulas are written down in the Industry Agreement or agreements between regional authorities and trade union organizations and employers. If there are none, then it is recommended to build on the Decree of the Government of the Russian Federation No. 99 of 02/05/1993:

  • 50 people or more within a month;
  • over 200 in two months;
  • more than 500 in three months;
  • from 1% of employees per month in regions where the population is less than 5 thousand people.

Failure to inform the employment service or failure to comply with established deadlines falls under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation and entails a fine of up to 5 thousand rubles for an enterprise and up to 500 rubles for officials. At the same time , violation of this particular procedure does not affect the legality of the layoff itself , and if everything else is done in accordance with the law, the employee will not be reinstated at work.

Important! For individual entrepreneurs, the period for notifying the labor exchange has been reduced to two weeks before the actual termination of the employment relationship with the employee.

Sample notification to the employment center about staff reduction

  • at least 50 employees over a period of 30 days;
  • at least 200 employees over a period of 60 days;
  • at least 500 employees over a period of 90 days;
  • at least 1% of workers in the region for a period of 30 days, if the total number of employees in the region is less than 5,000.

The obligation to notify the employment center (hereinafter referred to as the Employment Center) about the upcoming reduction is assigned to all employers who are legal entities and individual entrepreneurs (Article 25 of the Law “On Employment...” dated April 19, 1991 No. 1032-1).

How to notify?

Notification of the upcoming staff reduction is submitted to the territorial office of the employment center according to the legal address of the employer. The “Employment Law...” does not establish a uniform form of the document, however, in some subjects of the Federation there are templates approved by local authorities.

If one exists in your region, it may be more convenient to use it, but, according to the explanation of the Federal Service for Labor and Employment dated September 26, 2016 No. 13/5624-6-1, the notification can be submitted both in the prescribed form and in arbitrary _

Often, the samples include a corner stamp with the details of the employing company, the legal basis, the number of the order for the company about layoffs, and the deadline for terminating employment contracts. By law, the following information about each employee is required:

  • job title;
  • profession, specialty and qualification requirements;
  • terms of remuneration.

Additionally, employment centers may request information about the level of education, work experience and other information about the dismissed employees.

The document, certified by the manager’s signature and seal, is transferred to the relevant Employment Center personally by a company employee , by registered mail with notification, or by e-mail if the company has a qualified electronic digital signature.

The optimal option is to submit the notification in person, as it allows you to control the deadline for receiving the document. The form is printed in two copies, one is sent to the service, the second is marked with the incoming number and the signature of the receiving official.

Important! The notice does not inform about the impending layoff itself, but about the termination of the employment relationship with each specific employee. Incorrect wording or provision of not all required information will enable laid-off persons to regain employment through the court.

Rules for filling out the document

The law does not establish any special form or notification form. It only states that it must be in writing.

Shape/Sample

Photo 5
Despite the fact that the form of the notification is arbitrary, the indication of some information in it is mandatory:

  • name of the company or details of the individual entrepreneur;
  • Full name of the laid-off employees;
  • positions;
  • education and qualifications;
  • salary.

The information is usually presented in table form.

A sample notification to the employment center about staff reduction in 2020 is available.

Details, stamps and visas

The header of the notification indicates information about the employer: name of the organization (full name of the individual entrepreneur), address, OGRN, INN, KPP, contact numbers. The document must be certified by the signature of the head of the company or individual entrepreneur and a seal.

Can a laid-off employee join the labor exchange?

Having been laid off due to staff reduction, having received a paycheck and all the required documents, a citizen can join the labor exchange and receive unemployment benefits or look for work on his own . Art. 178 of the Labor Code of the Russian Federation obliges the employer to maintain the average monthly salary for a laid-off employee for the next two months (including severance pay), if he has not found a new job (we talked about what other rights a person who has been reduced in the number of employees or staff has) here).

Provided that the laid-off person registered on the stock exchange within two weeks after dismissal, but was never employed, the employment service may oblige the employer to pay for the third month of job search by the former employee. Therefore, it is not necessary to join the stock exchange during a layoff, but it is advisable, since this will give you the right to financial support from the employer, and then from the state.

What documents are required for a redundancy employment center?

In the notification, the employer refers to Article 180 of the Labor Code of the Russian Federation, which specifies the procedure for dismissal due to reduction. After reading the order and notification, continue your work activity until the expiration of two months.

What documents are needed for registration with the employment center 2021 can be clarified directly from a civil servant at the employment service itself, via the Internet on the official website, or by phone. The only clarifying point is that documents are accepted only at the Central Sign Office offices at the citizen’s place of permanent residence.

What is necessary?

A citizen submits an application to the employment service (the form is issued by employees and filled out on the spot). You should have with you:

  • passport;
  • identification code;
  • insurance certificate;
  • employment history;
  • certificate of income for the last three months;
  • documents on education, advanced training, etc.

After receiving the status of unemployed, the citizen will receive job offers from the labor exchange and, after the termination of payments from the former employer, unemployment benefits.

Documents for the employment center in case of staff reduction

The list of required documents is the same for all central centers and citizens. What documents are needed for registration with the employment center 2021 can be clarified directly from a civil servant at the employment service itself, via the Internet on the official website, or by phone. The only clarifying point is that documents are accepted only at the Central Sign Office offices at the citizen’s place of permanent residence.

Everyone can (and should be) fired: single mothers, pregnant women, women on maternity leave, minors and temporarily disabled employees. inform the employment center that layoffs are planned; if necessary, notify the trade union organization about this; notify each employee of the date of dismissal personally; prepare dismissal orders; make appropriate entries in work books; calculate compensation and make full payment (this must be done no later than the date of dismissal). The enterprise is obliged to inform the employment center about the dismissal of employees in connection with the liquidation of the enterprise: this is stated in Federal Law No. 1032-1 of April 19, 1991 “On employment in the Russian Federation”.

What payments are due?

If you were laid off at work, you can find out what payments are due at the labor exchange by studying the law “On Employment...”. According to it, the state pays two types of monetary support to unemployed citizens through the employment service:

  • Scholarships are paid during the period of retraining or advanced training courses to which the applicant was sent by the labor exchange.
  • Benefit – state compensation for registered unemployed people during the period of job search.

In addition, Employment Centers may offer registered unemployed people participation in paid public works . Under certain conditions, the law allows the exchange to provide financial assistance to persons whose period for receiving benefits has expired, or to unemployed people studying in the direction of the exchange.

If at work you are faced with the problem of reducing the number of employees or staff, the following publications will help you protect your rights:

  • What are the grounds and reasons for laying off employees?
  • What is the difference between downsizing and downsizing?
  • Which category of personnel has priority right to work during layoffs?
  • Who is usually fired first during downsizing?
  • How does one quit a job due to layoffs?
  • Who cannot be laid off due to redundancy and what to do if you were paid illegally?
  • What to do if you are laid off at work?

List of Documents to the Employment Center in Case of Reduction of Staff

An ordinary certificate of income in form 2-NDFL is not suitable for the labor exchange, but this is what is most often given upon dismissal. Therefore, you should take the form directly from the employment center and take it to the accounting department at your last place of duty. Those who have never worked (officially or at all), as well as those whose break in work activity exceeds 1 year, will no longer need such paper. For those getting a job for the first time in their lives, it is enough to provide only a passport and a certificate (or diploma) to the employment center. But it is advisable, of course, to stock up on other documents in order to avoid unnecessary questions. Carrying out the procedure and further actions After the central protection employees review the documents, the applicant will be asked to fill out a questionnaire.

List of documents to be submitted Citizens who have resigned on their own initiative or by agreement of the parties do not have to rush, however, efficiency will not be superfluous. All people who have ever worked officially must present the following documents for registration at the employment center:

27 Jul 2021 jurist7sib 82

Share this post

    Related Posts
  • Is there a Discount for Disabled People Purchasing a Surgut Travel Card?
  • When buying a car to transport a disabled person, does the State pay extra money? If so, what amount?
  • What is the state fee for filing a Statement of Claim in Court for Collection of Debt for Alimony?
  • What Documents Are Needed for Free Meals at School for a Single Mother?

Erroneous actions of the employer when notifying the employment service

LocationWork experienceAverage earningsDate of upcoming dismissal
12345678
Description of erroneous actionsCorrect decision and rationale
Incorrect formatting of the main part of the notice (lack of mandatory data on the employee being laid off, for example, position, salary)Information on the persons being made redundant is key in the text of the notification. The position and salary of each person being dismissed are considered mandatory data that cannot be ignored. Proper execution of the document will significantly reduce the risk of controversial situations
The employer laid off one employee, but did not inform the employment service about itThe same Federal Law of the Russian Federation No. 1032-1 obliges each employer to notify the service even if one person (or one position) is laid off.

In the situation under consideration, a violation was committed. The employer was supposed to report the layoff of 1 employee in 2 months, but did not do so

The procedure for issuing a written notification to the employment service

There is no single unified form for use as a notification to the employment service. The organization has the right to develop its own form for these purposes and submit the necessary information on it.

At the legislative level, only the mandatory components and details that must be present in such a document are defined. Among them:

  1. Title of the document (Information about laid-off employees).
  2. Name, details of the organization (full name of the entrepreneur).
  3. List of laid-off workers.
  4. Grounds for the release of workers (reference to clause 2, part 1, article 81 of the Labor Code of the Russian Federation, order).
  5. Dating of document execution.
  6. Employer's signature.
  7. Seal of the organization.

These components of the document should be taken into account when drawing up a free form of notification. The list of employees who will be laid off is presented in the form of a table. It must include complete information about each of them.

Full name

Education

Job title

This is mandatory information that must be displayed in the notice. You can also include in the table: gender, age, category of citizens in need. Company letterhead is not used for registration. The completed document is signed by the employer.

When compiling the text part of the notification, you can use a standard sample as an example: the once valid form No. 1 - release.

Thus, the key task of the employer at this stage is to monitor the correctness of the notification and its timely submission to the employment service. Please note that incomplete information, failure to comply with submission deadlines, or complete inaction will be regarded as a violation.

Rating
( 2 ratings, average 4 out of 5 )
Did you like the article? Share with friends: