When is the number and staff of an organization reduced?
Many citizens mistakenly think that downsizing and downsizing are the same thing. However, when downsizing occurs, there is solely a reduction in the number of personnel in the company.
By reducing staff, the employer eliminates the staffing units themselves.
It is important that a reduction in numbers leads to a reduction in staff.
However, there is no feedback here. After all, if a staff position is reduced, a person can be transferred to another position.
The procedure for terminating an employment contract in both cases is identical. When carrying out events, Articles 179 – 180 of the Labor Code of the Russian Federation must be observed.
An employee has the right to terminate an employment contract early, without waiting for the date of layoff, and must write a statement of the following sample.
In this case, the employee is paid all required payments, including severance pay based on the order.
Upon expiration of the notice period for layoffs, an order to dismiss the employee is issued.
https://youtu.be/iED3Riod5yQ
Requirements for the order
This is the very first and most important step in the whole process. Since the legislator seeks to protect the interests of workers as much as possible, the procedure is quite strictly regulated. Despite the fact that a unified form has not been established, the employer must take a responsible approach to its design. A sample order to reduce the staff of an organization must contain:
- Name of the organization.
- The name of the document and its details (date, place, number).
- A preamble that reflects the purpose of the document.
- Information about which positions are subject to reduction, or about who exactly should be reduced (number).
- Date of introduction of the new staffing table.
- Order on delivery of notices to employees. Such a warning, as well as a form for an order to reduce the number of employees (sample) 2 months before the start of the activities must be given to each employee (Article 180 of the Labor Code of the Russian Federation). If this requirement is not met or the notice is sent at the wrong time, the dismissal may be considered illegal and appealed in court. If an employee avoids receiving a notice, it is necessary to draw up a corresponding act in the presence of witnesses. Please note that for seasonal workers and those who have entered into a fixed-term contract of up to two months, the notice period is reduced: for the first category it is 7 calendar days (Part 2 of Article 296 of the Labor Code of the Russian Federation), and for the second - 3 days (Article 292 of the Labor Code of the Russian Federation).
- Appointment of the person responsible for the execution of the order.
- Manager's signature.
To better understand the rules and requirements, we recommend downloading the order to reduce the number of employees, sample 2020, word.
Causes
The main reasons for staff reduction may be:
- Economic and financial difficulties. If the company's activities are illiquid and losses occur, management begins to fire personnel, trying to reduce its costs. Sometimes such a decision saves the organization and helps it stay afloat during a crisis.
- There is a need to reduce the number of employees. The decision is made with the aim of increasing productivity. After an employee leaves, his responsibilities are distributed among existing employees.
- There was a need to reduce staff. Staffing positions that are unnecessary to the company are removed. Under such circumstances, entire departments may be liquidated.
All grounds for staff reduction must be documented.
To carry out the procedure, a commission is created on the basis of an order.
Foundation documents
The decision to reduce numbers or staff is made solely by management. This is done documented.
A written basis is created. This could be, for example, a decision of the founders or an agreement on an agreement reached.
Based on the decision, the employee responsible for preparing administrative documents prepares an order on the upcoming reduction.
How to register a position reduction in the staffing table?
The order is prepared by the secretary or employee of the personnel department. This is not a complicated document. It is drawn up in any form, since the law does not provide for special unified forms for it.
However, it must comply with all office work rules established in the organization.
It is recommended to include the following mandatory items in the order:
- Company name;
- FULL NAME. dismissed persons;
- reasons for the reduction.
All interested parties must be familiar with such documentation.
Dismissed citizens learn about the upcoming dismissal with the help of a special written notice from the employer.
It is presented in person or sent to staff by mail.
Such an order can be issued in printed or written form at the discretion of the manager in a single copy.
Signatures on the document are always “live”. If necessary, the document is reproduced using a photocopier.
There is no need to put any seals or stamps on the order, unless otherwise stated in the company’s internal documentation. After the reduction procedure is completed, the document is transferred to the archive for storage.
An approximate diagram of an order to reduce numbers or staff:
The header of the document contains the following information:
- Name of the organization;
- the name of the document itself;
- a brief summary of the order;
- city;
- date of publication.
The direct text of the order must contain the following information:
- reason for staff reduction;
- request for reduction;
- date of dismissal and listing of positions being liquidated indicating the number of units;
- an order for an authorized person to convey information to employees (two months before dismissal, staff must be notified in writing);
- appointment of responsible persons for control and execution of the order;
- link to the document providing the basis for the procedure.
The order is affixed with the manager’s visa, a transcript indicating the position and the signatures of all laid-off employees.
Without the signature of the manager, the document cannot be considered valid.
Errors and corrections must not be made in the document; they also contribute to the invalidity of the document.
Therefore, if they are admitted, it is recommended to redo the order.
due to optimization
order on the upcoming reduction of staff and number of employees in connection with optimization - word.
Limited Liability Company
"Chamomile"
Order
About staff reduction
No. 21 Moscow
Based on the decision made at a joint meeting by the founders of Romashka LLC, minutes No. 35 dated August 15, 2020, in connection with the need to establish a rational staffing structure
I ORDER:
- Cancel from October 30, 2020 from the staffing table of the position:
- storekeeper of the finished products warehouse – 1 unit;
- finished goods warehouse worker – 1 unit;
- finished product warehouse loader – 1 unit.
- To the employee responsible for personnel records - head of the personnel department Alevtina Petrovna Bulkina, in the manner prescribed by law:
- notify employees in writing of the upcoming layoff;
- inform the employment center authority about the upcoming release of employees;
- prepare dismissal documents by October 30, 2019;
- prepare a draft of the new staffing table for review by September 30, 2020.
- The employee responsible for calculating wages, accountant Polina Mikhailovna Kutuzova, shall accrue the payments due to dismissed persons in accordance with the Labor Code of the Russian Federation and pay them on the day of dismissal.
- I reserve control over the execution of the order.
Reason: Decision of the founders, protocol No. 35 of August 15, 2019.
Director Signature Bitochkin A. A.
Familiarized:
Head of HR Department Signature A.P. Bulkin
The document can be drawn up on letterhead or a regular white piece of paper in A-4 format.
Employee reduction procedure
Conventionally, this entire process can be divided into two blocks of actions.
- When selecting candidates for layoffs, the employer is obliged to retain at work persons who have higher labor productivity and qualifications.
- People need to be made aware of the upcoming dismissal.
- The management of the organization must offer other available positions.
Dismissal of persons who did not agree to move to another position - in this case it is necessary to be guided by Art. 84.1 of the Labor Code of the Russian Federation, in accordance with which the following actions must be taken:
- An order is issued to lay off a specific employee(s).
- Persons who have been laid off must be familiarized with the order against signature.
- Preparation of documents (entering information into a personal card, preparing a calculation note, etc.).
- A corresponding entry is made in the employee’s work book, and the final payment is made.
Notice of upcoming dismissal
In Part 2 of Art. 180 of the Labor Code of the Russian Federation states that the employer is obliged to inform the employee in advance about dismissal due to staff reduction. This procedure must be carried out taking into account the following requirements:
This is important to know: Illegal dismissal from work: what to do and where to go
- Notification shall be given in writing;
- The addressee must put his signature on the document, which serves as proof that he has familiarized himself with it;
- Notification is sent 2 months before the official date of reduction.
You can serve a document in different ways . As a rule, notice of dismissal is given to the employee personally at work. If he is on vacation or temporarily disabled, the notice is sent by registered mail.
Payment of compensation and benefits
In addition to standard payments (salary, compensation for “no time off” vacation), a person who has been laid off is entitled to the following compensation (Article 178 of the Labor Code of the Russian Federation):
- Severance pay - paid in the amount of the average monthly income that the employee received from a particular employer;
- Maintaining your salary for the next 2 months (it is assumed that during this time a search for a new job will be carried out).
conclusions
Let's highlight a few key points on this topic:
- The difference in staff and headcount reduction is the cancellation of staffing units.
- The order for the enterprise is drawn up in any form. There are no special unified forms. The document must comply with the basic rules of office work established by the company.
- Employee positions in the staffing table are being reduced, mainly due to production needs and the company's recovery from a crisis situation.
- To issue an order, you need an order from the manager or a decision of the general meeting of shareholders.
- Without the manager's signature, the document is considered invalid.
- Dismissed employees are warned about upcoming events by additional written notices prepared by the human resources department.
If the number is reduced due to optimization
Optimization should be understood as changes (including personnel changes) that should increase the economic performance of the company. The goals pursued by management during optimization may be:
- reducing the number of personnel and, as a result, saving money on their maintenance;
- restructuring of departments and reorganization of structural units to improve the efficiency of their work;
- changing job titles;
- creation of new jobs and dismissal of old ones.
Such an order is drawn up in accordance with standard rules in free form. Its peculiarity is that it is necessary to indicate the reason that occurs in this particular company, and the remaining points are of a general nature.
The employer will have to complete this procedure in full:
- Notify workers, trade unions and employment authorities about the upcoming procedure two months in advance.
- Issue a regulatory act on the exclusion of staff positions. To do this, use our sample order to reduce personnel and staff in connection with optimization.
- Notify the employment service.
- Determine a list of who can be fired and who cannot.
- Offer those being laid off other vacant positions.
- Take into account the opinion of the trade union and, if necessary, consult with it.
- Correctly draw up the work book and relevant documents.
- Make a full settlement with the person being dismissed.
Local regulations on termination of employment relations are drawn up on standardized T-8 forms, which indicate:
- employee personal data;
- date and basis for termination of the employment relationship.