Application for early dismissal due to staff reduction: sample of correct writing

Reduction in the number or staff of employees is the basis for dismissal at the initiative of the employer, provided for in Art. 81 of the Labor Code of the Russian Federation.

When implementing this procedure, a dilemma often arises: does the employee need to submit a resignation letter? How to write it correctly? You will find answers to these and other questions in this article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

How to compose it correctly?

A few important rules:

The paper is written addressed to the head of the organization.
Full name must be indicated. the applicant and his position in the company.
It is mandatory to provide information about whether notice of reduction was received and on what date.
The vacancies that were offered to the employee being laid off are listed.
A request is made to the employer. Here you need to be extremely careful. You need to ask not for voluntary dismissal, but for dismissal due to layoffs, but ahead of schedule - before the expiration of a two-month period from the date of warning, sending the appropriate notice.

This is important to know: When can you withdraw your resignation letter at your own request?

Quite often the question arises about what date to put on the application. The date of its writing is indicated under the application itself. The text must indicate a different date from which the employee wishes to cease being an employee of the organization. You can choose it at your discretion. the main thing is that the employer is satisfied with it.

Let's give an example

Statement header.

"General Director of Motor Plus LLC"

Smirnov Nikolai Konstantinovich

senior mechanic of workshop No. 3

Nikodimov Ivan Makarovich."

Next comes the word: “statement.”
Main text.
“On February 28, 2020, I received notice No. 11 from Motor Plus LLC that my dismissal was planned due to a reduction in the number of employees.
In accordance with Part 3 of Art. 180 of the Labor Code of the Russian Federation, I give my consent to terminate employment contract No. 55 dated April 27, 2014 before the expiration of the two-month notice period for dismissal specified in notice No. 11 dated February 28, 2020, with the payment of additional compensation in accordance with current legislation. I ask you to fire me effective March 20, 2020.”
Next, the employee’s signature is placed and the date the application was written is indicated. For example: “March 18, 2020.”
resignation letters due to staff reduction
how to write a letter of resignation due to staff reduction

Do I need to write?

Reducing the number or staff of employees is a procedure that must follow certain rules:

The employer makes a decision on layoffs and creates an order.
Two months before termination, certain employees are notified that they will have to leave their jobs. They are offered vacant positions, if any. Read about how to write a notification here.
The employer prepares a corresponding dismissal order.
Entries are made in work books. All other documents are completed.
The amounts due are paid.

The law does not say that an employee needs to write a letter of resignation. But sometimes it is necessary to do this. And sometimes they are forced.

Let's start with the case when a person subject to redundancy is forced to write a statement of his own free will. Why is this necessary? It’s very simple: if an employee leaves the organization on his own initiative, then he does not need to pay benefits due in connection with the reduction.

Important! Any coercion to resign at one's own request is illegal.

Such actions of the employer can be appealed to the following authorities:

labor inspectorate;
prosecutor's office;
court.

Second option: the employee does not want to work for two months and wants to be laid off as quickly as possible. Indeed, why keep a person at work who has lost motivation. He knows he will have to leave. Accordingly, he will not give his best. Those employees who are not threatened with dismissal do not do this either. What can we say about who they plan to lay off?!

But, in the described situation there are several nuances:

An application for dismissal due to staff reduction must be written using certain wording. You cannot ask to terminate an employment contract on your own initiative. Otherwise, you won’t see any benefits.
Dismissal is possible only if the employer agrees to this. After all, the initiative to reduce the number comes from his side.

All this must be taken into account so as not to lose either in salary or status. Still, when a person was laid off, it’s one thing. Everything is clear: no luck. If he quit on his own, then certain questions arise: why, what happened?

How to submit a paper due to a decrease in the number of employees or staff?

There are three options:

Personally.
By mail.
Through a representative, if the company employee himself cannot or does not want to do this personally.

Let us note that, in any case, it is necessary to obtain evidence that, if anything happens, will help prove that an appeal to the authorities took place.

A similar request can be made by a representative who has a notarized power of attorney.

The application letter must be:

How is the document prepared by HR department employees?

In general, the current labor legislation does not establish clear rules for recording the fact of acceptance of a resignation letter. This may be a gap that has not yet been filled, but the fact remains.

Many organizations have the following rule: all statements are recorded in the incoming correspondence journal. This has logic and does not contradict the law. Other companies simply make an appropriate mark on a copy of the document and hand it to the applicant. It seems that it is more correct to make entries in a journal. On the other hand, where is the guarantee that the magazine will not be replaced? But if a copy with a mark is in the employee’s hands, then he can feel calm.

Thus, if an employee does not want to wait for the expiration of the two months allotted for the procedure for reducing the number or staff of employees, then he can ask management to fire him earlier. The final decision is made by the head of the organization.

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Decor

The basis for dismissal if an agreement is reached with the employee to reduce the period will be the same - dismissal due to reduction.

Labor legislation gives him the right to take initiative in this case. One of the manifestations of this initiative is that an employee who is being laid off will not be able to leave work early without the consent of the immediate manager of the organization or enterprise.

And the employee’s reasons may be quite valid. For example, he has found a new job and wants to immediately begin fulfilling his duties. To obtain management’s consent to early termination of an employment contract, the employee must write and submit an application.

However, the presence of such a document does not guarantee that the employee will receive what he wants.

. The legislation gives the right to early care in accordance with Federal Law No. 197, however, it does not impose such an obligation on employers. That is, the decision in this case will depend on the goodwill of management.

The basis for early termination of an employment contract is an application submitted by the employee.

In this document, he asks management to allow the calculation at his request, citing the main reason for submitting the document, that is, the upcoming change in the staffing table.

According to Article 180 of the Labor Code, the employee’s consent, recorded in the application, precisely gives the manager the right to formalize early dismissal. Without such consent, the employer has no right to terminate the employment relationship. This will violate the general reduction procedure provided for by law.

The legislation does not provide for a unified form () for drawing up an application. For this reason, the employee draws up the petition at his own discretion. However, receiving an early payment will depend on the correctness of all wording. Therefore, the following points are included in the document:

The name of the document is indicated at the top and an appeal is made to the head of the organization or enterprise (the name of the legal entity is entered in full).

Below is a request to allow early termination of the employment contract in connection with the upcoming reduction in workforce (indicate the number and date of the notice received from the employer).

It is necessary to enter information that there were, but the employee refused them. It is also recorded that the employee, despite early payment, claims all payments required by law (this is a very important point that allows you to avoid discrepancies in the document!).

Next, enter the desired date of termination of the employment contract.

The document is signed with a decoding of the name and patronymic. The date of its compilation is indicated below.

It is necessary to understand that for certain categories of workers such care is not of particular value. The standard reduction procedure involves sending notices to dismissed employees two months before the planned termination of employment contracts.

Fixed-term contracts require the employer to send notice one week before the planned dismissal. If the contract is for seasonal work or has a short period of validity (two to three months), notice will be sent three days in advance. Obviously, with such a short waiting period for termination of the employment contract and final payment, the employee is unlikely to need early payment.

It is also necessary to understand that in most cases the employer is interested in the early departure of the employee. Despite the obligation to provide additional compensation for early payment, the employer will be able to avoid problems with jobs. After all, staff reduction implies the cancellation of a certain position or the transfer of part of its functions to other employees (structural units).

Due to the lack of a necessary position (workplace), it will be easier for the employer to say goodbye to the employee early than to pay him for another two months before the day of dismissal announced in the notice.

Notifying employees is a mandatory stage of the redundancy procedure

One of the stages of reduction is notifying employees of the upcoming dismissal (for more information, see “Staff reduction procedure (step-by-step instructions 2020)”).

In most cases, employees must be notified at least 2 months before the date of dismissal approved by order. (for more details, see “Determining the employee’s notice period for layoffs”). If this is not done, the dismissal will be considered illegal and the employees will be reinstated. In addition, you will have to pay for the entire period of forced absence of employees caused by illegal layoffs (Article 394 of the Labor Code of the Russian Federation). If the employee’s statement of claim contained a demand for compensation for moral damage, then, most likely, this will also have to be compensated.

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.

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.

You can part ways with your employees faster

So, as a general rule, the notice period for dismissal is two months. In practice, a situation may arise that it is more profitable for the employer to say goodbye to employees without waiting for the expiration of this period. For example, there is no longer any work for them, and rent for the premises they occupy must be paid. In such a situation, it is more profitable to fire employees as soon as possible.

The possibility of such early dismissal is provided for by labor legislation. A prerequisite for this is the employee’s consent to early termination of the employment contract in the event of layoffs (Part 3 of Article 180 of the Labor Code of the Russian Federation). Moreover, the employee does not lose anything, because for early dismissal, compensation is provided in the amount of the employee’s average earnings, calculated in proportion to the time remaining until the day of dismissal under the layoff order.

Consent must be formalized in the form of a written application from the employee addressed to the head of the organization. There is no established form for such an application, so it can be drawn up in any form.

For the convenience of portal readers, our specialists have prepared a sample application for consent to early termination of an employment contract in the event of layoffs.

General Director of Unix LLC V.V. Sasov from accountant V.A. Yurgina

STATEMENT

I, Victoria Aleksandrovna Yurgina, in accordance with Part 3 of Article 180 of the Labor Code of the Russian Federation, hereby express my consent to the termination of my employment contract for reduction before the expiration of the notice period for dismissal with the payment of additional compensation to me on February 5, 2020.

01/22/2019 ________________ V.A. Yurgina

You can also download a completed consent form for early dismissal upon layoff.

In the redundancy notice, the employer may propose to terminate the contract before the expiration of the two-month notice period for dismissal. In this case, you must obtain written consent from the employee for early dismissal. An employee who was dismissed earlier will have to pay additional compensation. Determine its amount based on the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal. Grounds: Part 3 of Article 180 of the Labor Code of the Russian Federation.

An employee who is on vacation or on sick leave on the day of layoff cannot be fired (Part 6, Article 81 of the Labor Code of the Russian Federation). We need to wait for him to return to work and fire him on his first day of work.

Features of document preparation

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.

In what case is it necessary to write a statement?

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.

How to prepare a document correctly?

With a deliberate decision to leave, without waiting for the expiration of the required 2 months before the layoff, workers are faced with the question of how to correctly write a letter of resignation on this basis. After all, further calculation amounts, as well as the entry in the work book, depend on the correct wording.

There is no uniform application form for early dismissal in case of layoffs. The most common is to fill out a special form, examples of which may differ slightly in each organization.

Sample consent form for dismissal.

It is also possible to write it this way.

Example document.

Lawyers have outlined certain writing rules that must be followed:

There must be a record of consent or petition to terminate the employment relationship earlier than the established period.
The document must indicate that the person being dismissed is familiar with the general order about the upcoming reduction and the date of the event.
State the desire to receive compensation due under these circumstances.

At the end there must be the current date and signature of the employee.

Order of dismissal

An example of an order for early dismissal.

If the manager agrees to dismiss the worker, the HR department draws up an order for early dismissal, which is signed by the employer.

The basis for issuing the order is the employee’s statement. A person must familiarize himself with the order before leaving office.

Early termination of the contract

The employer must notify employees about the reduction in staff two months before this event (Part 2 of Article 180 of the Labor Code of the Russian Federation). However, a person who has been laid off has the right to leave his place before the deadline. It should be remembered that in order to carry out early termination of an employment contract, the following conditions must be met :

The procedure can only be formalized with the consent of the employee (for this purpose, a letter of resignation due to reduction is written).
The employer is obliged to pay additional compensation.

Benefits for the employee

It is worth noting that for a person whose position has been laid off, early dismissal has several advantages:

Firstly, such an employee can count on receiving an additional payment provided for in Part 3 of Art. 180 Labor Code of the Russian Federation;
Secondly, he will have a large amount of time freed up, which he can use to find a new job.

Early termination of activity at one's own request

In the process of reducing staff numbers, the employee may be required to provide written consent to terminate the employment relationship early.

But for this, the manager must obtain written consent drawn up by the employee.

When drawing up a consent, an employee must indicate in it the date and reason for dismissal. You can formalize your consent to early dismissal on a form with notification of the upcoming layoff or on a separate sheet.

Consent to early dismissal is filled out in free form . In the top right corner you must indicate the full name of the head of the enterprise and the name of the organization.

The text of the application must indicate:

the reason for the breakdown of the employment relationship;
the date on which the notification was received;
date of upcoming reduction;
date of early dismissal;
Full name of the employee and his signature;
the date when the consent to early dismissal was drawn up.

An employee may, after receiving notice of an upcoming layoff, take the initiative and draw up a statement requesting early dismissal.

However, the employer, according to Part 3 of Art. 180 of the Labor Code of the Russian Federation, you have the right not to sign it.

Procedure for changing staff

In general, the procedure for reducing individual positions is formalized as follows.

1. A corresponding order is issued, within the framework of which (or in a separate document) a new staffing table is also approved.

2. Personnel are selected who have a preferential right to remain at work. The main criteria for such selection are productivity and level of qualifications (Part 1 of Article 179 of the Labor Code of the Russian Federation).

3. All interested parties are notified of upcoming changes, including:

Persons who have been laid off;
Trade Union;
Employment Service.

The notice must be sent in writing. Moreover, this must be done 2 months before the abolition of positions. In case of mass dismissal, this period increases to 3 months (in relation to trade union organizations and employment authorities).

4. Employees must be offered available positions that the employer has. If a person does not want to be transferred to another position, then the procedure for terminating the employment contract begins. In this matter, one should be guided by Art. 84.1 Labor Code of the Russian Federation.

5. An order is issued again, but this time regarding the dismissal of a specific employee.

6. Based on the order, the following actions are carried out:

An entry is made in Form No. T-2.
A settlement note is drawn up.

7. At the very end, the former employee is paid all the amounts that are due to him by law, the reason for dismissal is indicated in the work book, and the following papers are issued:

A certificate of the amount of income that the employee received over the previous 2 years.
Information about contributions transferred to the OPS.
Form 2-NDFL.

What to do if you are forced to provide a document

It is economically beneficial for an enterprise when an employee resigns on his own.

It turns out that the termination of the employment relationship occurs at the initiative of the employee, which means that the compensation due for the reduction may not be paid.

For this reason, managers ask to submit a resignation letter of their own free will or terminate the contract by agreement of the parties. Some apply psychological pressure

What to do in such a situation? It depends on various factors.

If an employee has firmly decided to defend his rights, then he definitely cannot succumb to such persuasion.

It is recommended to take the following actions:

Record the fact of the offense - find witnesses who can confirm the employer’s threats or record the conversation on a voice recorder.
File a complaint with the labor inspectorate or consult a good lawyer.

When considering a claim, the court examines the reasons for writing the statement, the conditions for drawing up the document, and the true intention of the employee.

Particular attention is paid to the text for the presence of the necessary details (signatures, dates, resolution, etc.).

If an employee wrote a statement under pressure from management and has irrefutable evidence, the employer is obligated to:

pay all due benefits;
change the wording of the reason for dismissal;
compensate for moral damages and legal costs.

Important!

When terminating an employment contract due to staff reduction, the employer is obliged to follow a certain procedure.

Having discovered a violation, the labor inspectorate may invalidate the dismissal, so it is also useful for the employee to know the sequence of actions taken:

Issuing an order - contains an order to carry out the reduction procedure: reduce the number of employees, change the staffing table, etc. Drawing up a list of positions subject to reduction (based on Article 179 of the Labor Code of the Russian Federation).
Sending notifications to employees for review against signature.
Offer of alternative vacant positions.

Only if the nuances listed in our consultation are observed, will the employee be able to take advantage of the compensation provided for redundancy at the enterprise.

The dismissal of an employee due to staff reduction is regulated by Article 81 of the Labor Code of the Russian Federation. She considers all cases of termination of an employment contract (absenteeism, liquidation of a company, change of owner, etc.).

The difference between downsizing and downsizing is not spelled out, but in practice it is as follows:

in the first case, the position in the staff list is retained, but the number of employees is reduced;
in the second, the position is excluded from the schedule, responsibilities are transferred to another specialist.

The Labor Code and the Constitution of the Russian Federation provide certain rights to employees who have been laid off:

Benefits of maintaining a job. According to Art. 179 of the Labor Code of the Russian Federation, employees with extensive experience and level of qualifications have less risk of being on the list of layoffs, but they must notify the employer in writing of their rights. The privileged category of citizens (single parents, disabled people, pregnant employees, etc.) can also take advantage of the privileges.
Request for an offer of another position. If this condition is not met, the employee will be able to refer to a violation of the law, and the dismissal order will become invalid.
After interrupting your employment relationship, register with the employment center. The former employee will be able to receive the average salary at his previous place of work for two months.

When reducing staff, the manager warns his subordinates in advance by sending a written notice.

They have the right to terminate their employment relationship early without working for two months. This may be required in different cases, for example, to get a new job.

However, the person resigning must be able to correctly draw up a statement so as not to lose the payments required by law.

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.

The necessary conditions

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

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.
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.
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.

What entry will be placed in the labor record?

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.

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

Order on planned dismissal due to reduction - at least two months in advance;
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.
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.
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.

How to write an application correctly?

If a citizen decides to terminate the employment contract early, then to do this he needs to submit an application for dismissal due to reduction. As a rule, this document is drawn up in any form. When writing it, the following basic requirements should be taken into account :

Prepared on A4 paper;
Can be written either by hand or typed on a computer;
It must contain all the necessary details (dates, signatures, etc.).

Sample document

In order to understand what a resignation letter for redundancy should look like, let’s look at the most common template. Such a document includes the following sections.

“Hat” – placed in the upper right corner. The following standard information should be reflected here:

Information about the head of the organization in whose name the application is written.
Full name and position of the applicant.

The title of the document should be located in the center of the paper.

Main content – this section consistently presents the following information:

Details of the notice of staff reduction (date and number), within which the employer mentioned the possibility of early departure from work.
Consent to terminate the employment contract ahead of time on the basis reflected in clause 2 of Art. 81 of the Labor Code of the Russian Federation, as well as the exact date of dismissal.
Please pay additional compensation.

At the end of the document is the date of its preparation , as well as the signature of the applicant.

Drawing up a resignation letter due to staff reduction

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.

What payments are due to a subordinate?

The entire set of amounts due to an employee upon dismissal can be divided into 2 groups:

Standard payments are funds that are paid to each person who quits (regardless of the reason). This includes: wages for the period of time that the employee managed to work; reimbursement for unused vacation (if any).
Compensations related to staff reduction (Article 178 and Part 3 of Article 180 of the Labor Code of the Russian Federation). So, if an employee quits early, he is entitled to the following payments: severance pay (one average monthly salary); maintaining the average wage for the first 2 months after layoffs; additional compensation for leaving work early (calculated based on the number of days remaining before the official date of abolition of a staff position).

Differences from self-initiated care

Early dismissal and leaving a position on your own initiative are two different things. They should not be confused.

When an employee wants to take a payment on his own initiative, he must notify his superiors two weeks in advance. The management of the enterprise can immediately approve the request, without waiting for 14 days to pass, or wait this period. Therefore, in an application for dismissal on one’s own initiative, the date is indicated, but at the very bottom

. It is necessary to count the notice period.

As for early dismissal due to staff reduction, additional questions and difficulties may arise here.

In accordance with Art. 180 of the Labor Code of the Russian Federation, if it is planned to reduce positions or liquidate an enterprise, management must provide the employee with a notice of this 2 months in advance. But this does not mean that the employee must quit immediately or work out this term in full.

Reference!

An employee can remain at his job, but no one will prevent him from starting to look for a new job. If a vacancy is found before the expiration of 2 months, the person may leave the job early.

To do this, he will need to correctly draw up an application. This is very important, because if it is drawn up incorrectly, the person may not receive compensation payments from his previous job. For example, if in his request he indicates that he wants to leave of his own free will, then no one will pay him compensation.