Offer of vacancies during layoffs Acts, samples, forms, contracts Consultant Plus

Notice of planned reduction

The employer must develop and approve a new staffing schedule consistent with business activities. In budgetary organizations, staffing tables are provided by the higher-level body that provides financing. After a decision is made to reduce staff at an enterprise, an order is issued. A commission is created that determines the workflow, the procedure for notifying and dismissing employees. Features of receiving notifications:

The document on the planned reduction is submitted in writing. The notice must be signed by the employee indicating knowledge of the reduction.
If persons from the commission refuse to sign, a corresponding act is drawn up.
At the same time, the employee is provided with options for available vacant positions in the state that correspond to the person’s qualifications. The offer of vacancies is a mandatory condition for reduction (Article 180 of the Labor Code of the Russian Federation).

The employee must be offered all available vacancies at the enterprise in accordance with the new staffing table. Businesses that have separate divisions in another location cannot offer relocation vacancies. Partially vacant positions are also offered.

What unit can they offer?

When selecting a new workplace, you should pay attention to the following existing rules:

The vacancy must be with the same income level.
It is necessary that the position corresponds to the qualifications and education of the worker.
If there is no such vacancy, you need to find a lower position.
A new vacancy may also be less paid if there are no others in the organization.
Positions are offered only within the employee's region of residence.
If the position is of a higher level, but is located in another locality, the employer is not obliged to offer it to the reduced person. An exception may be reverse data that is specified in a collective agreement concluded earlier.

A person who has held a leadership position at an enterprise for a long time and has been laid off may well receive an offer to work as a janitor or cleaner in the same organization.

However, if a similar managerial position is empty in a neighboring department of the company, and the manager does not offer it to the employee, then the latter has the right to appeal to a judicial authority to protect his rights.

Important! The employer has no right to offer vacancies that contradict the employee’s medical conditions.

The employer must warn persons who have been laid off no later than two months before the procedure. This point is regulated by Article 180 of the Labor Code of the Russian Federation.

The warning must be issued in writing in two copies. One of them is issued to the laid-off employee, and the second is transferred for storage to the HR department.

The notification must indicate the date the document was generated. Instead of layoffs, the employer may offer the employee work on a part-time or weekly basis. If the worker does not agree, management will decide to dismiss him due to the reduction.

Employers must be aware that there are certain categories of employees who cannot simply be dismissed due to a reduction in numbers and staff. You can find out more about this in the following publications:

Who cannot be fired due to staff reduction?
The nuances of dismissal of pensioners due to reduction.
How to properly dismiss a redundant employee after sick leave?
Which employees retain priority right to work in case of staff reduction?

Criteria for proposed positions

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

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

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

Vacant positions

The proposed positions must meet certain criteria:

The position must be vacant. The legislation does not explain this criterion in more detail. This may be an unoccupied position or a temporarily vacant position reserved for another employee. You can also offer positions filled by part-time workers. The contract with them, if the employee agrees to this position, is terminated on the basis of hiring a permanent employee.
It must be suitable for the qualifications of the employee, that is, correspond to the level of his knowledge, professional skills and experience. The basis for compliance is the description of the qualification requirements specified in the job descriptions. Qualification is confirmed by diplomas, certificates of completion of training, advanced training, and a work book.
The pay and position may be lower than previously occupied. The employer must still offer them, even if he knows that the employee will not agree to them. Also, if job responsibilities coincide, the employee may be offered a higher position.
Also, vacancies must be in the same area where the employee worked previously. This means that the workplace must be located within the same locality.
The employee's health condition must meet the requirements of the proposed vacancy.

The employee’s personal file indicates his previous places of work and educational institutions from which he graduated. When offering vacancies, you should familiarize yourself with the employee’s profile; perhaps the list of suitable positions will be expanded.

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If several employees are being laid off, and there is only one vacancy that the employer can offer, he has the right to decide independently which of the applicants to transfer to this position. With the same qualifications and experience, no one has an advantage.

During layoffs, certain employees may have them, but when filling a vacancy, they may not. The employer must offer a vacancy to all employees at the same time.

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Got sick on vacation? Do you want to apply for sick leave? Read here how to do it correctly.

You can find out the competent advice and information you need on calculating maternity benefits in our article.

Offer of positions combined with key employees

A number of enterprises, in order to save resources, offer employees a combination of positions (Article 60.2 of the Labor Code of the Russian Federation). The parties enter into an additional agreement to the employment contract. When carrying out a reduction, the question arises whether the position shared by the employee is considered vacant. The judiciary believes that the employer has the right to determine economic feasibility when distributing responsibilities.

The judicial authority has determined that if the employer considers it more economically justifiable to enter into a part-time agreement with an employee than to hire an individual, the persons’ rights to work are not violated. If the combination agreement is concluded before the agreement procedure, the rights of employees in case of failure to provide a position are not violated.

Ruling of the Supreme Court of the Udmurt Republic dated March 28, 2011 in case No. 33-978/11

The procedure for presenting an official proposal and its main features

In addition, work on it is carried out on the basis of a concluded employment contract (Article 60.1 of the Labor Code of the Russian Federation). At the same time, some courts indicate that if any staff unit is occupied by a part-time employee at 0.5 times the rate, the remaining 0.5 free rates are considered vacant (determined by the St. Petersburg City Court dated April 13, 2011 No. 33-4388/ 2011).

We invite you to read: Gift deed or will - which is better?

Info

When combining a position without concluding an employment contract, it is also not vacant, since the work is performed and the salary is paid (determination of the Investigative Committee for civil cases of the Kostroma Regional Court dated February 13, 2012 No. 33-36). Despite the above nuances of labor relations, the author recommends that employers, in order to avoid unnecessary conflicts, offer the redundant employee all suitable and temporarily unoccupied positions that are not vacancies in the legal sense.

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Offer of vacancies in case of layoffs

A selection of the most important documents upon request. Offer of vacancies during layoffs (regulatory acts, forms, articles, expert consultations and much more). Regulatory acts: Offer of vacancies in case of reduction “Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ (ed.

Thus, the St. Petersburg City Court came to the conclusion that the fact that a new job could be temporary cannot serve as a basis for not offering it to a laid-off employee (cassation ruling of the St. Petersburg City Court dated March 15, 2012 No. 33-3894/2012 ). Because the Labor Code provides for the employer’s obligation to offer the employee any job and does not indicate whether it should be permanent or temporary.

At the same time, the position of the Moscow Regional Court is different: the court points out that the employer is not obliged to offer temporarily vacant positions, since, within the meaning of the current legislation, they are not vacant (appeal ruling of the Moscow Regional Court dated December 20, 2012 No. 33-24613/2012 ). In addition, judges determine the vacant position.

However, an agreement to perform additional work establishes obligations for the employer that he cannot refuse and, as a result, will not be able to offer this work to the redundant employee. In our opinion, these features should be taken into account in each specific case separately, taking into account other circumstances.

How to take into account the qualifications of an employee when reducing staff? As we have already said, the employer is obliged to offer the laid-off employee those positions that correspond to his qualifications or are lower paid and inferior. The Labor Code clearly defines the qualifications of an employee.

It refers to the level of knowledge, skills, professional skills and experience of the employee (Article 195.1 of the Labor Code of the Russian Federation).

Yuri Ivanov, senior lawyer in the labor law practice of the law firm Goltsblat BLP Temporarily vacant positions as a vacancy A vacant position must be understood as a position that is legally (no one is listed in the staffing table) and actually not occupied by anyone. It is not a vacant position in which an employee is listed in the staffing table, but is temporarily not working and can always return.

For example, a position reserved for an employee during the period of maternity leave (Article 256 of the Labor Code of the Russian Federation) or sick leave for pregnancy and childbirth (definition of the Investigative Committee for civil cases of the Omsk Regional Court dated February 15, 2012 No. 33-1239/2012). If a position is occupied by a part-time person, it is also not vacant. The employer has the right, but not the obligation, to terminate the employment contract with a part-time worker if the main employee is hired (Article 288 of the Labor Code of the Russian Federation).

In accordance with part three of Article 81 of the Code, the dismissal of an employee due to a reduction in the number or staff of an organization or individual entrepreneur is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or a job that corresponds to the employee’s qualifications, or and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health.

When deciding whether to transfer an employee to another job, it is also necessary to take into account the employee’s real ability to perform the work offered to him, taking into account his education, qualifications, and work experience.

Thus, since the offer of vacancies to retrenched employees is one of the elements of the dismissal process, in case of incomplete compliance with the procedure for offering vacant positions, the dismissal may be considered unlawful. And this may entail not only the reinstatement of the employee, but also the payment of average earnings for the period of forced absence and compensation for moral damage. Is the position occupied by a part-time worker vacant? The law does not contain a definition of the concept of “vacant position”. From the article you will learn:

Which of those being laid off should be offered vacancies and which ones?
How to offer a vacancy to an employee who has been laid off
From what point should a transfer be processed if the laid-off employee has agreed to fill the vacancy?
Is it necessary to offer a position occupied by a part-time employee to a redundant employee?
Is it necessary to offer a redundant employee a position, the duties of which are performed by another employee as part of the combination?
Is it necessary to offer temporary vacancies and higher positions to employees during layoffs?
Is an employer obliged to offer vacancies covered by a quota for disabled people?

Read on the topic in the electronic magazine Which of those being laid off should be offered vacancies and which ones Before dismissing an employee due to a reduction in staff or numbers, he needs to be offered another job available in the organization.

Info When combining a position without concluding an employment contract, it is also not vacant, since the work is performed and the salary is paid (determination of the Investigative Committee for civil cases of the Kostroma Regional Court dated February 13, 2012 No. 33-36).

Despite the above nuances of labor relations, the author recommends that employers, in order to avoid unnecessary conflicts, offer the redundant employee all suitable and temporarily unoccupied positions that are not vacancies in the legal sense.

Important Home Legal resources Collections of materials Offering vacancies during layoffs Selection of the most important documents upon request Offering vacancies during layoffs (regulatory legal acts, forms, articles, expert consultations and much more).

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

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

The judicial authority has determined that if the employer considers it more economically justifiable to enter into a part-time agreement with an employee than to hire an individual, the persons’ rights to work are not violated. If the combination agreement is concluded before the agreement procedure, the rights of employees in case of failure to provide a position are not violated.

In the proposed notice, the person must record his acceptance or refusal of the position. If either party subsequently has any complaints, a written form of consent or refusal will serve as evidence of compliance with legal regulations. The employee is offered the following vacancies:

When informing an employee about a planned layoff.
As new vacancies become available prior to the employee's termination date.
On the last working day before termination of the contract.

If the employee is on a period of incapacity or vacation at the time the vacancy opens, the employer may send notice by mail or courier.

An employee may not agree with the vacancies offered by the employer. The refusal must be made in writing. There are 2 options for written refusal in the form:

A separate statement.
Notes on job offer.

The employee may not respond to proposed vacancies immediately after receiving notification. The legislation does not establish a time limit. The person is given the opportunity to agree or refuse the offer before the date of dismissal upon reduction. If the vacancy is filled by another person before consent is received, the manager will provide the employee with a new notice.

If the employer sends notice by mail due to a person's absence, the employee is given an offer to provide a written response.

Limited Liability Company "Krona"

February 19, 2020 Domodedovo city

Offer of vacant and temporary positions

When informing an employee about a planned layoff.
As new vacancies become available prior to the employee's termination date.
On the last working day before termination of the contract.

If the employee is on a period of incapacity or vacation at the time the vacancy opens, the employer may send notice by mail or courier.

Reduction in numbers or staff?

If necessary, the employer may decide to reduce the number or staffing levels. To avoid litigation with dismissed employees, a certain redundancy procedure must be followed.

A vacancy is a position provided for in the company’s staffing table; no employment contract has been concluded for the performance of work for it. That is, a position is not considered vacant if it is actually occupied by an employee, but he is on maternity leave, parental leave or temporarily transferred to another position.

Refusal of offered vacancies

An employee may not agree with the vacancies offered by the employer. The refusal must be made in writing. There are 2 options for written refusal in the form:

A separate statement.
Notes on job offer.

The employee may not respond to proposed vacancies immediately after receiving notification. The legislation does not establish a time limit. The person is given the opportunity to agree or refuse the offer before the date of dismissal upon reduction. If the vacancy is filled by another person before consent is received, the manager will provide the employee with a new notice.

If the employer sends notice by mail due to a person's absence, the employee is given an offer to provide a written response.

Answers to frequently asked questions

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

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

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

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

Job Notification Form

There is no set form for notifying an employee. A free-form form is developed by the enterprise using references to legal norms and following the procedure for composing a business letter.

Notification information	Description
Information about the enterprise	At the top of the sheet the main details of the enterprise are indicated in accordance with the constituent documents
date	The date of the document is indicated
Basis for the vacancy offer	As a basis, it is necessary to enter the data of the reduction order
List of vacancies available on a specific date	Information about vacancies is presented in a short form with mandatory data on the proposed salary.
additional information	The document contains an offer to agree to fill a vacancy or to refuse a position.

The document is signed by the director of the enterprise or another person temporarily replacing the director. After receiving the proposal, the employee must indicate the decision and make a signature and date entry.

We offer vacancies in case of layoffs (sample)

Courts should keep in mind that the employer is obliged to offer the employee all qualified vacancies available in the local area.
When deciding whether to transfer an employee to another job, it is also necessary to take into account the employee’s real ability to perform the work offered to him, taking into account his education, qualifications, and work experience. Guide to HR issues. No. 5 To the Secretary of the Moscow Sales Department, Ms. N.I.

The presence of a supporting document can provide the employer with additional insurance in the event that certain disputes arise between him and the employee during the layoff process.

The structure of the document will consist of the following information:

at the top of the sheet the full name of the institution must be indicated, in accordance with the information contained in the organization’s Charter or other constituent documents. Next, the immediate date of drawing up the written proposal is indicated;
Next comes an indication of the actual purpose of the document: “Job offer”;
then you need to enter all the important information about the reduction procedure itself, and in particular, on the basis of which it is carried out. The number and date of the previously created order to reduce the number of staff is noted here;
Next comes an indication of one or more vacancies to which the redundant employee can move. Vacancies are indicated briefly, but with a mandatory note on the amount of remuneration that is established for each offer;
then there is all the additional information, for example, the exact deadline by which the employee must give his answer regarding whether he will move to one of the proposed vacancies or not;
The final stage is the signature of an authorized person - the employer, with the design of an additional space where the employee must enter his answer.

Current regulations establish fairly strict requirements regarding mandatory compliance with the deadlines within which the manager is obliged to issue an offer to the employee. This period is equal to two calendar months. That is, it is during this period of time that the employer is obliged to formulate an offer, including all current vacancies.

If at the time of issuing proposals to the redundant employees one of them is absent, for example, on sick leave, he must still receive this document within the prescribed period. In such a situation, in order not to violate current laws, the employer can use sending the document through a courier.

As can be seen from the above, the proposal for available vacancies during layoffs is a fairly important document. Despite the fact that the legislation of the Russian Federation allows this procedure to be carried out orally, it is still better to choose the standard option - with the preparation of an official document.

By Sergey Mashkov / 30th May, 2020 / Tax law / No Comments

Important material from the electronic journal: “When a visa-free foreigner can be transferred to another position” Many employers and personnel department employees often have a question: is the position of an employee who is on parental leave vacant? We can immediately say that, of course not.

Due to the fact that an employment contract was previously concluded with such an employee. This also applies to the issue when an employee holds a part-time position. It will also not be vacant (Article 60.1 of the Labor Code of the Russian Federation). In turn, the legislation of the Russian Federation provides the employer with the right to conclude a new employment contract with a newly hired employee. But it doesn’t oblige him in any way. Therefore, you should not assume that a part-time position occupied is vacant.

Labor standards of the Russian Federation establish a number of mandatory rules regarding the competent conduct of the reduction procedure.

In the event of a reduction in the current number of staff, the employer’s responsibilities will include issuing offers with free places to its employees.

At the same time, additional and important requirements are also established for the proposed positions.

The main one is that the position must correspond to the current skills and qualifications of the particular employee.

Attention

If there are no such vacancies, he may be offered a position with lower qualifications and lower wages.

The need to offer another position disappears only if such a position really does not exist in the organization.

A decision was made to lay off workers and a corresponding order was issued.

A HR specialist knows that employees who have been laid off must be offered another job available in the company.

However, it is not clear how many times to offer vacant positions and, most importantly, how to formalize the offer of vacancies during layoffs.

A sample prepared by our experts will help the HR specialist do everything correctly.

It is impossible to do without offering vacant positions. One of the mandatory procedures when reducing the number (staff) is offering vacant vacancies to dismissed employees (for more information, see “Staff reduction procedure (step-by-step instructions 2017)”). Employees must be offered (Part 3 of Article 81, Part 1 of Art.

Such a notice is signed by the general director of the enterprise or organization; at the bottom of the notice it is stated that the employee received a copy in hand, indicating the date and decoding of the signature.

Even if the only positions left in the organization are those that pay significantly less than the employee's earlier position, the manager must still include such vacancies in the written offer.

An employee may also be offered a higher position if its requirements are sufficiently similar to his current place of work.

The actual place of work also plays an important role.

The employee must continue to perform his job duties in the same territory as before. Sometimes it is allowed for the workplace to be located in another institution, but always in the same territorial area.

Common mistakes during downsizing

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

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

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

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

Form

The State Statistics Committee's affidavit No. 1 of 01/05/2004 does not establish a uniform form that must be followed, which allows you to draw up a document in any form, using company forms.

At the same time, the notification must comply with all standards for drawing up business documents, all points of the notification must be completed. The document will also need to be officially certified.

Only after this the sample becomes a full-fledged document with legal force. The notice must then be sent or delivered personally to the addressee. It can be transferred to another person only if there is a power of attorney, which allows you to deal with the affairs of the person specified in the notification.

You can download a free sample notice of job reduction here.

Job offer in case of staff reduction

In addition, if an employee applies for protection of his rights to the labor inspectorate, if the reduction is incorrectly executed, the employer faces administrative liability under Art.
5.27 of the Code of Administrative Offenses of the Russian Federation. Let's look at the typical mistakes that employers make when filing staff reductions. When warning employees about layoffs, it is necessary to take into account all legal requirements, as well as established practice, in order to reduce the risk of disputes in the future.

We recommend issuing a notice of reduction in the number of employees. The more detailed the document is, the fewer questions, misunderstandings and irritation it will cause among employees (Example 1).

An important nuance is that absolutely all laid-off employees must be notified of the layoff and on time. According to part two of Art.

In general, there is no need to offer vacancies that are available in another area, for example, in a separate division.

This is required to be done only if such an obligation is provided for in an employment or collective agreement (Part 3 of Article 81 of the Labor Code of the Russian Federation). For your information, a vacant (vacant) position is a position that is not occupied under a concluded employment contract with any employee, including a part-time employee. Positions that require the employee to have special knowledge or qualifications are not necessary.

It is important to understand that the offer of vacancies during layoffs must be made exclusively in writing.

primarily workers with higher qualifications and those who are prohibited from being fired (for example, pregnant women).

c) fulfillment of the obligation by offering the employee, taking into account his state of health, another available job (vacant position or job with corresponding qualifications, or a lower-paid job).

e) preliminary request: - consent of a higher elected trade union body for the dismissal of the head (his deputy) of an elected collegial body of a primary trade union organization, an elected collegial body of a trade union organization of a structural unit of an organization (not lower than a workshop and equivalent to it), not relieved from the main job (hereinafter - head (his deputy) of the elected collegial body of a trade union organization) (Part.

In the first case, “extra” employees are fired, in the second, specific positions are eliminated. If the owner of a company intends to downsize staff and transfer an employee to another position, he must take care of finding new vacancies within the organization for the employees whom he intends to reduce.

This is stated in Article 81 of the Labor Code of the Russian Federation.

At the same time, the owner of the company is obliged to offer such employees all vacancies, if any.

What position can they offer if they are made redundant?

The following rules apply when selecting a new workplace:

the vacancy must have a similar salary and meet qualifications;
a new vacancy may also be less paid if there are no others at the enterprise.
if there is not one, you need to find a lower position;

Positions are offered only within the employee's home region.

At the same time, some courts indicate that if any staff unit is occupied by a part-time employee at 0.5 times the rate, the remaining 0.5 free rates are considered vacant (determined by the St. Petersburg City Court dated April 13, 2011 No. 33-4388/ 2011).

Offering another job (vacant positions) is a mandatory step when dismissing an employee for some reasons. The law requires that in certain situations an employer must attempt to place an employee within the company by offering to fill vacant positions.

In practice, this seemingly simple condition raises many questions. Can a position that is temporarily available during parental leave be considered vacant? Is the position filled internally or externally vacant? Let's figure it out.

In accordance with Part 1 of Article 180 of the Labor Code of the Russian Federation, when carrying out measures to reduce the number or staff of an organization’s employees, the employer is obliged to offer another available job (vacant position) in the same organization that corresponds to the employee’s qualifications.

At the same time, Part 2 of Article 81 of the Labor Code of the Russian Federation contains a condition prohibiting dismissal due to staff reduction if it is possible to transfer the employee with his consent to another job in the organization.

According to Part 1 of Art. 180, part 3 art. 81 of the Labor Code of the Russian Federation, when carrying out measures to reduce staff, the employer is obliged to offer the employee another job available to him (vacant position), which the employee can perform taking into account his qualifications and health status.

Staff reductions can occur for various reasons. This phenomenon is not uncommon for enterprises.

Those managers who are faced with a reduction in staff or headcount for the first time do not know how to legally carry out this procedure.

An important point is to notify employees and offer them a transfer to another position. It is important for the employer to understand how vacancies are provided when staffing is reduced.

By law, the head of an enterprise is obliged to notify his employees of the severance of employment relations with them in advance. According to Article No. 180 of the Russian Labor Code, the employer must offer the employee another place in the organization. This is done simultaneously with the notification of the reduction.

By law, management must notify its employees two months before the start of the dismissal procedure. If the reduction is massive, then the notice is issued three months before the date of actual termination of the employment relationship.

It happens that there are no vacancies at the enterprise at the moment. In this case, you should draw up the appropriate paper. It is also recommended on the eve of the layoff to notify the employee about suitable positions that have become available in the company.

It should be noted that vacancies should be provided by priority right. If an employee has a high level of training, then he can take a higher position.

The manager is obliged to offer subordinates all available positions in accordance with the approved new staffing table. The list of jobs should also include those that require part-time work.

https://youtu.be/9R8ySIE6fW8

If the employer does not notify employees about vacant positions, then the latter has the right to contact the Labor Inspectorate or a judicial organization and appeal the decision to dismiss.

Proposed places of work must meet the following requirements:

correspond to the level of qualification, specialty, experience of the employee;
fit for health reasons.

Some managers make the following mistakes:

offer the entire list of available positions, even if these positions do not correspond to the employee’s specialty and require retraining;
offer a position that is retained by the main employee who is on maternity leave;
transfer to another position or dismiss an employee without his personal written consent;
do not inform the employee about suitable vacancies that have become available.

Vacancies are required to be provided within the same district. Transfers between branches located in the same area are permitted.

A notice of termination of employment relations due to a reduction in the number of employees or staff is drawn up in a free manner. writing. If there is letterhead, then you should use it.

The document consists of the following parts:

a cap. The full name of the organization is given. Indicates who the document is addressed to;
Name. The document must have a number, as well as the date of preparation;
appeal. An example of writing “Dear Alexander Petrovich!”;
main part. It provides information about the positions offered;
conclusion. The date and the personal signature of the manager with a transcript are put.

Vacant suitable positions in the notification can be listed or displayed in table form. The last option is more convenient for review; it is suitable if there are a lot of free jobs. Notice of reduction and offer of vacancies can be combined in one document. This will be more convenient for the employer.

Also attached to the notification are job descriptions for each of the proposed vacancies. Then the employee will be able to fully familiarize himself with the proposed workplace. The notice is drawn up in two copies: one of them is given to the employee, and the second remains with the manager.

The person is given time to make a decision. Also, the employee can immediately agree or refuse the offered vacancies.

We suggest you read: Causing grievous bodily harm through negligence comments

If an employee decides to transfer to another position or to quit, then he needs to write a statement. It is also permissible to put a corresponding mark on the delivered notice. Verbal offers of vacant positions are illegal.

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Sample design

It is easier to draw up a notification about the availability of vacant positions at the enterprise using the existing template. The example must be formatted correctly. Having a sample will reduce time costs and minimize the likelihood of making an error.

The importance of the notification can hardly be overestimated: given to the employee on time and in accordance with all the rules, it gives him the opportunity to decide on future plans and carefully weigh all the pros and cons. If he is not satisfied with the employer's offer, he gets enough time to look for another job.

An employee’s working conditions can only be changed with his written consent (oral agreements do not count), which is why at a certain stage, obtaining a positive response from a subordinate becomes the employer’s main task. A written notice of transfer serves precisely this purpose.