Current question: how many days in advance is an employee given notice of layoff?

This week, information appeared in the media that massive staff reductions are coming in the country in the spring, which could affect more than 115 thousand Russians - primarily employees in the automotive industry, employees of transport companies and banks.

The Ministry of Labor denied this message. A statement on the department’s website says that now “the situation on the labor market is stable.” As the department noted, according to the forecast of the Ministry of Economic Development of the Russian Federation, the number of unemployed in 2019-2021 will remain at the 2018 level: it will not exceed 3.6 million people. But the risk of being laid off at work exists even when everything is calm on the labor market: no one can guarantee that a particular employer will not want to optimize staff tomorrow or will not close the company. AiF.ru found out what you need to know in such a case.

Let's leave! What payments are due to those who have lost their jobs? Read more

How many days notice is given about layoffs?

Very often citizens are interested in the question of how much notice they must give about a layoff?
The answer to this question is directly indicated by the legislator: the employer is obliged to warn the employee two months before the date of dismissal.

But the next question undoubtedly arises: “How many months in advance must one give notice of layoffs at work for several employees?”

Here the legislator also provides an answer: if a massive reduction in staff is planned, a notice period for the reduction of three months is allowed.

The following parties receive notice of an employee's layoff:

• directly the employee;
• employment center;
• trade union committee (if there is one).

In what cases is dismissal due to reduction considered to be of a mass nature:

1. Complete liquidation of the company (provided that the number of employees is at least 15 full-time units).
2. Reduction in staffing from 50 jobs per month, from 200 in 2 months, from 500 in 3 months.
3. Simultaneous dismissal of employees constituting 1% of the total number of employees (valid for sparsely populated areas where less than 5,000 working citizens live).

But in what cases is the notice period for an employee about layoff shorter? So, the legislation does provide for other notice periods for workers. For people working seasonal jobs, this period is a week.

It is equally important to pay attention to how many days in advance employees with a fixed-term employment contract (up to two months) must be notified of layoffs. So, such a warning is received by the employee 3 days before the day of dismissal. Therefore, if you were warned about the reduction a month in advance, this is normal. This means you fall into one of the above categories. However, you should still check the legality of the employer’s actions.

Thus, we answered the question of how long it takes to warn an employee about layoffs.

Notification of reduction in the number of employees

A reduction in the number of employees is a reduction in the number of people in similar positions. For example, the company employs 6 salespeople. For optimization purposes, it was decided to reduce their number by 2 people. After all the activities carried out, 4 sellers remained working at the company.

Employees must be notified that they are being reduced in number. But before making a decision to lay off an employee in a given position, it is necessary to correctly assess the situation and understand who cannot be laid off at all and who has the right to preferential retention in the workplace.

This is necessary in order not to violate the legal procedure for carrying out measures to reduce the number of employees. If this procedure is violated, the employee can challenge his dismissal in court.

The employer must also offer its employees who have been laid off all vacancies that are available at the enterprise and that are suitable in terms of qualification level, education and medical conditions.

He must offer vacancies throughout the two months until the notice period expires. Job offers must be made in writing, and a response from the employee must also be received in writing, regardless of whether it is a refusal or consent.

If the employee does not agree to any vacancy within 2 months, this will be grounds for termination of the employment contract. If he gives his consent, the employer must take the following actions:

• draw up an additional agreement to the employment contract on the transfer of this employee to another position on a permanent basis;
• issue a transfer order and familiarize the employee with it. Familiarization takes place by signature;
• make entries about the transfer in the work book;
• reflect information about the transfer in the employee’s personal card. He must also sign here.

If, at the time of delivery of the notice of layoff, the enterprise has no vacancies that can be offered to the employee, then he needs to be sent an information letter, which reflects this fact.

Employer's order

Previously, we looked at how far in advance an employee must be notified of a layoff, but the execution of this notification is no less important.

The legislation of the Russian Federation does not provide for a special, officially developed form of the document.

The notice is drawn up randomly.

But the notification must indicate:

1. Employee rights.
2. Reason for dismissal.
3. Guarantees provided to the employee.
4. A list of positions offered to the employee to replace the lost one.

Important! The two-month period begins to count only from the next day after the employee receives the order. The new staffing schedule also comes into force after this time.

Having answered the question about how much notice is given when an employee is laid off, we gave only general terms. However, it should also be remembered that the enterprise management can send a warning about the layoff of an employee later (5-6 months in advance). In this case, the employee may not receive repeated (2-3 months) notice. This does not contradict the law - the Labor Code of the Russian Federation establishes only a minimum period of notice of dismissal due to reduction, but does not provide for a maximum.

Why is the notice period for dismissal during a layoff exactly 2 months? During this time, the employee can find another job and resign early without waiting for the end of the notice period.

Notifying an employee about job reduction

A job reduction is a change in staffing from which some positions are completely removed.

For example, an enterprise has the position of an inventory accountant. To optimize the process, since quite a bit of inventory is stored in the warehouse, and this specialist has almost no work, it was decided to reduce this position and transfer responsibilities to an accountant for maintaining fixed assets.

This position needs to be eliminated. The procedure is exactly the same as when reducing the number of employees in certain positions. You cannot deviate from this order. Otherwise, the dismissal can be challenged.

The notice of reduction must indicate which position is being reduced. If the employee belongs to the group of beneficiaries who cannot be laid off or who have a preferential right to remain at work, then it will not be possible to reduce the position until the grounds for “preference” cease.

Payments upon layoff

Having figured out the question of how many months in advance an employee is given notice of layoffs and subsequently receives this notice, it is equally important to know what kind of money you are entitled to receive.

So, in this case, the employee is obliged to receive the following guaranteed payments:

• vacation pay (full or for all time not taken off);
• severance pay in the amount of average monthly earnings (for the first month of unemployment);
• benefits for the second and third months of forced idleness (provided that the former employee registered with the Employment Center within 14 days and was not hired.

On the day of dismissal, the employee is given a work book.

Procedure for delivery of notice and its withdrawal

The delivery of a notice of staff reduction has a number of its own features regarding the delivery and subsequent work activities of the laid-off employee.

As mentioned above, delivery of a notice of staff reduction occurs only with the personal signature of the employee on the familiarization sheet in a special order. Otherwise, the employee is considered not to have been notified of the termination of employment relations with him in the near future.

Other mandatory actions when serving a notice include:

• mandatory notification to both the employee and state employment authorities about planned personnel changes;
• informing the trade union and other internal organizational units about the planned staff reduction;
• concluding a special agreement with dismissed employees (if they are not transferred to other positions) on the amount of planned compensation payments, as well as on the timing and procedure for their implementation;
• notifying the employee about new vacancies until the final order is signed to reduce staff and dismiss a certain number of employees in accordance with it.

If for some reason the employer has decided to cancel the ongoing staff reduction or wants to revoke the notice from a specific employee, then such a recall also has its own special procedure, which consists of the following steps:

• issuing an order to withdraw the notice of staff reduction, indicating the date of the planned reduction and listing specific positions or persons for whom further personnel dismissal policy is not planned;
• familiarization of employees affected by this order with its contents , with a mandatory note about such familiarization in a special familiarization sheet;
• withdrawal of the notice can be carried out no less than a week before the date of signing the order on reduction (and in the case of using shortened notice periods for certain categories of employees - no less than one day before signing the order).

If an employee refuses to return the notice issued to him, then a recall order against him cannot be signed, and the employment contract with such an employee is terminated in the manner prescribed by law in cases of dismissal due to reduction.

Who can be laid off and who can’t?

In addition to answering the question “How long in advance do they warn about layoffs?” This procedure contains many other nuances. For example, the fact that the initiative to organize and carry out staff reductions lies entirely on the shoulders of the employer, the legislation of the Russian Federation provides nuances for the right of employees to retain their positions and not be subject to reduction.

According to Article 179 of the Labor Code of the Russian Federation, it is first of all allowed to dismiss employees with the least qualifications and experience. That is, the first people who will be under the threat of layoffs are newly arrived employees (it is the length of service at a given enterprise that requires qualifications and experience).

Important! When selecting employees for layoffs, management must take into account not only experience, but also the results of qualifying exams, the presence of higher education and the labor performance of employees during the period of work in production (regardless of the time of employment).

Beneficiaries upon dismissal

The Labor Code of the Russian Federation obliges the director to take into account the following categories of citizens who are not subject to reduction:

• disabled war veterans;
• Heroes of the USSR and the Russian Federation;
• Knights of the Order of Glory;
• persons affected (victims) from the Chernobyl accident and the Semipalatinsk tests;
• workers with occupational diseases or injuries (provided that the illness or injury was received while working at this production);
• employees who combine work and study (if the direction to study was issued by the management of the enterprise);
• employees who have the title “Inventor” (according to the law adopted in the USSR “On Inventions in the USSR” that is still in force);
• members of the Trade Union (not below the level of production management);
• elected representatives from the labor collective, whose responsibilities include resolving labor disagreements with management.

These employees are not facing layoffs. In addition to beneficiaries, there are a number of persons whom the employer does not have the right to dismiss during the following periods:

• temporary disability when a person is on sick leave (Article 81 of the Labor Code of the Russian Federation, part 6);
• when the employee is on vacation (the exception is the complete liquidation of the enterprise);
• persons of retirement age (Article 3 of the Labor Code of the Russian Federation), especially since such people have extensive experience and qualifications;
• single mothers raising children (child) under 14 years of age (Article 261 of the Labor Code of the Russian Federation), single fathers also have this right;
• large families (if the youngest child has not reached the age of 3 years), also when the dismissed person is the only breadwinner in such a family (Article 261 of the Labor Code of the Russian Federation);
• pregnant women or those on maternity leave (Article 261 of the Labor Code of the Russian Federation).

Abbreviation as a term of the Labor Code of the Russian Federation

Staff reduction in accordance with the terminology of the Labor Code is personnel measures that are carried out at enterprises or organizations to achieve a certain economic effect. Staff reduction can be carried out both in the form of a complete reduction of the working team through dismissal, and in the form of a reduction in certain positions and staff units. In the latter case, employees who occupy these positions can be transferred to others if there are vacancies in the organization, if within the enterprise they can satisfy the material level of the employee that he had before the reduction.
Termination of an employment contract carried out on the basis of staff reduction, as one of the types of reasons for termination of labor relations, is provided for under Part 2 of Article 81 of the Labor Code of the Russian Federation. Based on the provisions of this article of the Labor Code of the Russian Federation, as well as others regulating the procedure for terminating a contract with an employee due to staff reduction, dismissal may be carried out. No other procedure can be envisaged.

Violations when delivering notice

So, let us remind you once again what period of notice must be given about a layoff, since compliance with such deadlines is an important and strict condition for the employer:

1. Order to carry out reduction - 2 months in advance.
2. Notification of the Employment Center and the trade union (if it exists) - 2 months in advance and 3 months in case of mass layoffs.
3. Payment for the part of the month worked, severance pay and compensation for vacation - on the day of dismissal.

Violations of these deadlines established by the Labor Code of the Russian Federation entail large fines: for individual entrepreneurs up to 50 minimum wages, for legal entities - up to 500 minimum wages.

Important! If the employee is not notified on time, the validity period of the notice is extended and comes into force on the day the employee is given the order to lay off.

An employer's decision to say goodbye to an employee before two months is illegal. The law of the Russian Federation provides for early dismissal of a person (up to 2 months) only if the employee himself is ready to voluntarily resign.

In this case, the employer is obliged to additionally pay the employee a salary for these two months.

Notifying an employee about a pay cut

A reduction in rates is not a reason to terminate the employment relationship at the initiative of the employer. This is a change in the terms of the employment contract, and it should not occur by order (such as staff reduction or workforce reduction), but by agreement of the parties.

That is, the employer must notify its employees about the upcoming changes and offer them options for an additional agreement. This must be done at least 2 months in advance. An option for notification is to convene a general meeting of all those workers who are subject to rate cuts.

At the meeting, you need to announce the upcoming changes and give everyone a written notice. The document must describe the circumstances that led to such measures and the conditions for amending the contract. If an employee does not want to change his working conditions, then the employer has no right to force him.

Procedure for early dismissal

Some facts

An employee according to Art. 80 of the Labor Code, upon dismissal of his own free will, he may withdraw his application until the warning period has expired, if his position was not provided documented to another person by way of transfer. The right to return an application is also assumed for an employee’s application for early dismissal due to staff reduction or liquidation of the company.

Dismissal is a procedure that requires compliance with the norms of the Labor Code and a certain procedure. Failure to comply with any procedural step may result in the employee challenging the unwanted dismissal in court.

Let's consider all the stages of the early dismissal procedure when reducing staff:

• the organization issues an order from the employer to reduce staffing levels;
• the HR department creates a list of jobs being cut;
• dismissed employees are given individual written notices signed by the employer;
• laid-off employees are presented with a notice of dismissal against signature. If the employee refuses to sign the document, a special act is drawn up;
• laid-off employees are offered job vacancies if available;
• if the employee wishes to resign early, then at this stage he submits an application about his decision to the employer;
• then the employer decides to satisfy the employee’s request;
• if the employer’s decision is positive, an order is issued to dismiss the employee and for the accounting department to carry out a full settlement of the employee;
• the employee receives a paycheck and a work book with a notice of dismissal entered.

More information about forced resignation is described here.

The procedure for staff reduction is detailed in the video below.

○ Dismissal due to staff reduction.

✔ Labor Code on dismissal due to staff reduction.

Article 81 of the Labor Code of the Russian Federation combines both cases of dismissal for absenteeism, violation of discipline or labor protection measures, and cases when an employee quits, although he is not guilty of anything (these include, in addition to layoffs, liquidation of an organization, for managers and their deputies and chief accountants - change of owner of the organization).

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).

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✔ Who can and cannot be laid off?

Despite the fact that the reduction in the number or staff of employees depends entirely on the initiative of the enterprise management, the law provides for certain benefits for a number of categories of employees.

I'll tell you more about them below. For now, I will say that during layoffs, there is a rule about preferential retention in the workplace . Art. 179 of the Labor Code of the Russian Federation provides that during layoffs, workers with less qualifications and lower labor productivity should be dismissed first.

In practice, this usually means that workers with less seniority are laid off first , since seniority usually implies experience.

When making reductions, the results of qualifying exams, the employee’s education should be taken into account (in the same position, an employee with a higher education will have an advantage over a colleague with a secondary specialized education), as well as the indicators achieved by each of the employees over the previous period.

The Labor Code of the Russian Federation and other acts also require that the following employees have priority when remaining at work:

• Having disabled children.
• Single mothers and fathers.
• The only breadwinners.
• Suffering from injury or occupational disease received at this enterprise.
• Disabled war veterans.
• Heroes of the USSR and the Russian Federation, holders of the Order of Glory.
• Victims of the Chernobyl disaster and the Semipalatinsk tests.
• Improving qualifications in the direction of the organization, combining training with work.
• Employee inventors (oddly enough, the USSR Law “On Inventions in the USSR” in this part is still in force).

In addition, some employees cannot be dismissed by the employer at all except at their own request, by agreement, or for committing an offense.

In relation to layoffs, in addition to regular beneficiaries, members of trade union leadership at least below the shop level cannot be dismissed.

It is prohibited to dismiss elected representatives of a collective of employees who participate in resolving disputes with the employer.

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✔ The main reasons for the reduction.

The law does not directly establish in what cases an employer has the right to reduce the number or staff of employees.

The Constitutional Court of the Russian Federation, in its ruling No. 867-О-О dated December 18, 2007, established that this is the right of the employer in cases where economic necessity requires it.

However, in turn, the Supreme Court of the Russian Federation, by ruling No. 19-B07-34 dated December 3, 2007, introduced the rule that in the event of a dispute, the court has the right to verify the need and validity of the reduction.

Thus, an employer who wishes to take such measures must indicate in the layoff order the exact reasons for the dismissal.

As a rule, the reasons forcing workers to be laid off are:

• Low profit of the enterprise and the inability to pay salaries to the previous staff.
• Low efficiency of the previous staff and the presence of positions that are not needed.
• Changes in technology or production organization, in which some workers are unclaimed.

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✔ Prerequisites.

Dismissals of employees due to reductions are possible provided that the employer meets a number of conditions

1. Full and strict compliance with the reduction procedure provided for by law . If the enterprise previously concluded collective agreements with employees, or the employment contracts of those being dismissed contain additional guarantees upon dismissal, these must also be observed.
2. Justification for dismissal . As already mentioned, in the event of a dispute, the court has the right to check whether the dismissal was justified economically and organizationally.
3. Employment service notification. This point is worth highlighting separately, since some employers manage to completely forget about this requirement, as a result of which they are then forced to pay fines and pay employees for forced absenteeism.

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✔ Order, procedure and rules for dismissal due to reduction.

Reduction of staff for any enterprise is a rather complicated procedure, and violation at any of its stages is fraught with a fine or legal proceedings for the employer.

Dismissal must be done in the following order:

1. The management of the enterprise issues an order on the planned reduction at least two months before the employee is to be dismissed (Article 180 of the Labor Code of the Russian Federation). Each of the employees subject to dismissal is personally warned that a reduction is expected and, upon signature, reads the text of the order. However, an order to reduce staff should not be confused with an order to dismiss a specific employee - such orders are issued much later, when the deadline for dismissal approaches.
2. For employees who are subject to layoffs, the management of the enterprise is obliged to offer any other position that meets the qualifications of the dismissed employee. It should be remembered that offering another job is not a one-time action: the employer is obliged to notify those being dismissed about vacancies opening at the enterprise right up to the termination of the employment contract. The employee is obliged to either accept the offer and continue working in another position, or refuse - and the refusal must also be recorded in writing, dated and signed by the employee.
3. The employer notifies the trade union organization, if one exists at the enterprise. The notice period is the same as for employees, but if a mass layoff is planned, the union should be notified not two, but three months in advance. This rule was established by the ruling of the Constitutional Court of the Russian Federation. In turn, the trade union must express its opinion on the dismissal within seven days. If the trade union does not agree to layoff workers, then by law positions must be agreed upon within three days. If, in this case, no agreement was reached, the employer has the right to dismiss workers, but the trade union can appeal this decision to the Federal Labor Inspectorate (Rostrudinspektsiya). The inspectorate, in turn, may declare the dismissal illegal and demand that the dismissed person be reinstated at his previous place of work with payment of compensation for forced absence. The decision of the Rostrudinspektsiya can be appealed by the employer in court.
4. In addition to the trade union, the employer also warns the employment service within the same period of time (two, in case of mass layoffs - three months).
5. If within two months the employee does not agree to any of the vacancies offered to him, the employer issues a dismissal order due to staff reduction. The order is usually issued on the unified T-8 form. In this case, the employee is issued a work book, is paid a salary for the days worked in the last month of work and compensation for unused vacation days (depending on the time worked since the last vacation). The most important thing is for the employee, in accordance with Art. 178 of the Labor Code of the Russian Federation, severance pay is paid. Its amount is not less than the average monthly salary, but according to an employment contract or collective agreement with employees, the benefit can be increased.
6. If an employee is registered with the labor exchange after dismissal, but is not employed, the former enterprise continues to pay him the average monthly salary for two months (but with the deduction of the severance pay already received).
7. If the employee agrees, he can resign due to reduction before the expiration of the two-month period. In this case, the employer pays him, in addition to severance pay, also a salary for the time not worked between the day he actually quit and the day he was supposed to quit according to the employer’s plan. In addition, the employment contract or collective agreement may provide for other payments in case of staff reduction.

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✔ What entry will be included in the labor report when a layoff is made?

When an employee is dismissed, an entry will be made in the work book, which must indicate that he was fired precisely due to a reduction in the number or staff of the organization, with reference to clause 2, part 1, art. 82 Labor Code of the Russian Federation.

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✔ Deadlines.

Since meeting the deadlines during a reduction is an essential condition, they should be brought together and indicated again:

1. Order on planned dismissal due to reduction - at least two months in advance;
2. Warning to the employment service and trade union organization (if there is one at the enterprise) - no less than two months, in case of mass dismissal - no less than three.
3. The deadline for paying wages for the part of the month worked, compensation for unused vacation and severance pay is no later than the day of dismissal.
4. The payment period for the average salary for an employee registered with the employment service but not employed is up to two months.

Violation of these deadlines can lead to a fine for individual entrepreneurs - up to 50 minimum wages, for legal entities - up to 500 minimum wages.

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Early dismissal at the initiative of the employee

The Labor Code of the Russian Federation (Article 180) provides for the possibility of early dismissal initiated by a laid-off employee, with the payment of monetary compensation to him for the period remaining before the expiration of the appointed period.

About compensation for early dismissal during layoffs, read the link https://otdelkadrov.online/10409-protsedura-uvolneniya-po-sokrashheniyu-shtatov-kompensatsiya-v-year-godu-soglasno-tk-rf

In order to resign early without waiting for the expiration of the notice period when reducing staff, the employee must submit a corresponding application addressed to the employer. This document must contain:

• legal name of the organization;
• Full name and position of the employee wishing to receive the payment;
• a reasoned request for dismissal due to staff reduction. It is more economically profitable for an employee to resign under the wording “Due to a reduction in staff” than “At his own request”, because in this case he will receive all the compensation payments required by law. You can read more about this in the last section of this article;
• notification that the employee was offered certain vacancies, which he refused;
• date of proposed dismissal;
• a request for payment of all amounts legally due;
• employee’s signature with transcript and date of document preparation.

Based on the norms of the Labor Code of the Russian Federation, the employer may decide to satisfy the request of its employee, or may refuse it.

○ Nuances of dismissal due to reduction:

Staff reductions have their own characteristics for certain categories of workers. Let's look at how the reduction is made:

✔ On sick leave.

During a period of temporary incapacity, an employee cannot be laid off (Part 6, Article 81 of the Labor Code of the Russian Federation).

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✔ During vacation.

An employee on vacation also cannot be dismissed due to redundancy. Both temporarily disabled people and vacationers can be dismissed only at their own request, by agreement of the parties, and also in the event of liquidation of the enterprise.

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✔ Pensioner.

Workers receiving an old-age pension enjoy the same rights as everyone else - age discrimination is expressly prohibited by Art. 3 Labor Code of the Russian Federation. Considering that pensioners usually have the longest work experience, in practice they may be candidates to remain at work even if they are laid off.

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✔ A woman with many children or a single mother.

According to Art. 261 of the Labor Code of the Russian Federation, parents who alone raise a child under 14 years of age (a disabled person under 18 years of age) cannot be fired - this norm applies to both mothers and single fathers. For parents with many children who have three or more young children, layoffs of the only working parent are not allowed if the youngest child has not reached the age of three.

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✔ Part-time worker.

For these employees, the dismissal procedure is practically no different from the usual one. However, there is one controversial point: should the employer pay them not only severance pay (to which they are entitled like other employees), but salary for two months?

The fact is that these payments are made in order to support the employee until he gets another job - but the part-time worker is already employed! Unfortunately, there is no single opinion of experts, no explanations from the courts or the Rostrudinspektsiya.

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✔ Maternity or pregnant women.

A woman during maternity leave, as well as to care for a child under three years old, cannot resign due to staff reduction (Article 261 of the Labor Code of the Russian Federation)

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What should the document look like?

The form of written notification in connection with layoffs is not established by law. However, in practice, recommendations have been developed regarding its content.

It is recommended to indicate in the notification:

• organizational and legal form, name and details of the organization;
• number in accordance with the accounting numbering and date of approval;
• position and full name of the employee;
• the reason and circumstances of staff reduction;
• links to art. 81 and 180 of the Labor Code;
• offer of another vacant position indicating the salary;
• features of carrying out routine activities in the event of an employee’s refusal;
• conditions for terminating an employment contract earlier than the stated period;
• signature of the employee and manager.

The document is drawn up personally for each employee in 2 copies. Below he confirms his familiarization, as well as his consent to the translation.

Sample

Below is a sample notice of dismissal of an employee of an organization due to a reduction in numbers or staff (position), with the procedure for filling it out and a detailed textual analysis. It must be remembered that the form of this document is not established by law, so the proposed version of the wording is far from the only one.

In the header you must indicate:

• full name and legal form: “Limited Liability Company “Alliance” or LLC “Alliance””;
• title of position and full name of the employee: “Chief Accountant, P.P. Petrov”;
• form, number and date of notification: “Notification dated 02.02.2020 No. 11-a”;
• title of the document: “On the upcoming dismissal due to staff reduction.”

Example of a structural part:

• “Dear (full name and patronymic)”;
• “In connection with organizational and staffing measures at Alliance LLC, a decision was made to reduce the number and staff”;
• “In this regard, you are warned that the position (name) you are filling is being reduced on the basis of (details of the order)”;
• “In accordance with Art. 81 and 180 of the Labor Code of the Russian Federation, we inform you about vacant positions to which you can be transferred with your consent”;
• A table should be formed in 3 columns indicating the names of positions and salaries;
• “In case of refusal, the employment contract with you (contract details) will be terminated after 2 months from the date of receipt of this notice”;
• “During the period of organizational and staffing reduction measures, you are obliged to fulfill your labor and functional responsibilities, as well as comply with internal regulations”;
• “We remind you that the contract may be terminated earlier than the period specified in this notice. In this case, we ask you to make a written statement.”

Under the constructive part, the manager puts a signature with a transcript in the format: “Position, signature, surname and initials.” In the same way, the employee confirms familiarization (“I have read the notice:”), as well as agreement or disagreement with the transfer (“I (dis)agree with the transfer”:).

Recommended reading:

Who shouldn't be laid off and who can?

What is better - reduction or dismissal by agreement of the parties?

What's the difference - downsizing or downsizing?

Form

We have prepared for you a possible sample form for notification of a reduction in headcount or staff, which must be sent to the employee 2 months in advance.