Is it necessary to move to a lower-paid position when staffing is reduced?

In the process of reducing the number or staff of workers, each employer is obliged to offer employees other vacant positions that correspond to the qualifications and education of the employees. Transfer to another position due to layoffs is an important process that must be carried out in compliance with certain rules.

What vacant position the employer must offer, how the procedure for transferring to another position is carried out, as well as the list of related documentation, we will consider all the points in more detail.

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

When a redundancy event is carried out, the employer must offer the redundant persons another suitable position. The new location must correspond to the qualifications, education and health status of the workers. This point is clearly explained in Article 180, Part 1 and Part 3, Article 81 of the Labor Code of the Russian Federation.

What unit can they offer?

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

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• What is the employer obliged to give the employee on the day of dismissal?

• 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.

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.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

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.

Reduction procedure

To understand how an employee is transferred to another position when staffing is reduced, you need to understand how the procedure for terminating an employment contract should generally occur.

As in the general case, when reducing the number of employees, the following sequence is followed:

• agreement on the period of dismissal;
• issuance of an order for the enterprise;
• settlement on the last working day.

In this case, the employee usually writes a letter of resignation, but in case of layoffs, no statement is required from him - after all, the initiator is the employer. But a mandatory condition for dismissing employees due to layoffs is notification of the upcoming event.

Notification

Two months before the expected date of layoff, written notice must be sent to each employee warning that he is among the future layoffs. Under this notification - strictly individual - the employee must sign with the obligatory decoding of the signature.

Employee statement

Since, as mentioned above, the initiator of dismissal is the employer, a statement from employees is not required: there is a notice signed by the employee, there is an order - and these are sufficient grounds for terminating the employment relationship.

If the employer begins to demand a statement from you, and even with the wording of your own free will, you can safely refuse, and if they continue to insist, then threaten with legal proceedings for violating the dismissal procedure.

Payment to employee

According to the law, employees who are subject to staff reduction, upon dismissal, in addition to the mandatory payment of wages, bonuses (if they are due according to the terms of payment in the organization) and compensation for unused vacation days, are also entitled to severance pay in the amount of average monthly earnings.

p>The organization must pay the same benefit if, within a month after dismissal, the former employee has not found a new job. And if an employee managed to register with the employment service within two weeks after losing his job and did not find a job two months after his dismissal, then he can count on a third payment in the same amount as the first two.

Documents for translation

The process is accompanied by a massive package of documentation. So, let's look at each document separately.

Act of notification of availability of another unit

The notification is issued in free form. This is due to the fact that the Labor Code of the Russian Federation does not provide for a different format for such a document.

When generating a notification, you must take into account the following points regarding the rules for drafting:

1. The document is drawn up on the organization’s letterhead with the obligatory indication of the name of the enterprise. Since each individual employee must receive the notification in person, the document must include the full name, position and department of the specific worker to whom the paper is addressed, as well as his residential address.
2. Each notification must have its own serial number and date of generation.
3. Mandatory indication of compelling reasons for the reduction.
4. The notification document must include the number and date of the basis order.

• notifications of vacant positions during layoffs
• notifications of vacant positions during layoffs

When filling out an information letter, it is very important to take into account all the nuances so that the document cannot be challenged in court.

Moreover, the notification must contain a separate paragraph indicating the proposal for existing vacancies that the worker is offered to occupy, preferably indicating the salary.

It is also advisable to record information about the employer’s right to terminate the employment contract early before the expiration of the two-month period.

The notification is endorsed by the responsible executive, the head of the HR department or the manager of the company. At the end of the document, the signature of the shortened person and the date of receipt of the notification are recorded.

This is important to know: Is it possible to fire a pensioner due to staff reduction?

You can include an additional line about the worker’s consent or disagreement to take the proposed positions.

Application for transfer

The employee must write a transfer application, which should include the following data:

1. Desired position and salary level (in accordance with the regular salary).
2. Full name and position of the manager, name of the enterprise.
3. Employee's full name.
4. Document's name.
5. The current date is indicated at the bottom and the employee’s signature is placed.

• applications for transfer to another position
• applications for transfer to another position in case of layoffs

Additional agreement

This important document is prepared when information in the employment contract changes. The additional agreement is an indisputable annex to the agreement. In this regard, the agreement is drawn up in two copies. One is intended for the company management (HR administration department), and the second is given to the worker.

The document must include:

1. Name and number.
2. Mention that there are two parties involved.
3. The main part.
4. Please note that all other provisions will not change.
5. Number.
6. Details of the parties (company data and personal information of the employee, including full name, passport details, etc.).
7. Signatures of both parties. Instead of the employer, only the director has the right to endorse the document.

• additional agreement on transfer to another position in case of layoff
• additional agreement on transfer to another position in case of layoff

Order

When drawing up an order for transfer to another position, it is important to adhere to the established form. The company has the right to use its own letterhead. However, it is mandatory to include the following details in the document:

1. Name – order.
2. Number.
3. The wording is about transfer to another position.
4. Full name, position, department of the employee.
5. From what number is it transferred?
6. The basis is an offer from the employer or a statement from the employee.
7. Transcripts and signatures of authorized persons and the employee himself.
8. Date of formation of the order.

• order for transfer to another position in case of layoff
• order for transfer to another position in case of layoff

Who has the advantage of staying working?

The commission, considering potential candidates for employees who will be laid off, in accordance with the provisions of Art. 179 of the Labor Code of the Russian Federation, must take into account

worker qualifications and productivity.

All things being equal, preference is given to:

1. employees who have two or more disabled family members;
2. persons who do not have other income (for example, if you have to choose between an employee who continues to work after receiving pension payments upon reaching a certain age or length of service and an employee whose source of income is only wages, the advantages are naturally on the side of the latter);
3. employees who received work-related injuries or were recognized as disabled due to an occupational disease, having previously worked in working conditions recognized as harmful or hazardous to health in the same organization;
4. disabled people and participants in the Great Patriotic War or other military operations in order to fulfill their duty to the Motherland;
5. persons aimed at training and improving their qualifications on the job.

In addition, the following have priority rights over other work colleagues:

• wives (husbands) of military personnel;
• young workers considered orphans and left without parental care

By virtue of the provisions of Art. 261 of the Labor Code of the Russian Federation, you cannot be fired due to a reduction in staff or numbers:

• women planning to become mothers;
• single mothers (or fathers), if they have a dependent child under the age of 14 years, and in case of disability of this child - until he turns 18 years old;
• persons (mothers, adoptive parents, guardians) raising a child up to the age of three.

Is it possible to refuse?

A worker may refuse to be transferred to another position - this is his legal right. Moreover, after the employee refuses, no negative consequences will follow for him.

However, if the employer does not have any positions in reserve that would be empty at the moment, then the employee’s refusal of the proposed transfer in this case will lead to the final termination of the employment contract and, accordingly, the business relationship (about how the procedure will take place in this case dismissal of an employee, find out here).

To summarize, we note that any employer during layoffs is obliged to offer its workers other vacant jobs. This is regulated by law.

The transfer of employees to new places is accompanied by the execution of a notice, application, order and additional agreement when the main employment contract is changed. The employee has the right to refuse offered vacancies.

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Is it possible to refuse a job offer if you are made redundant?

It often happens that employees sign up for vacancies offered to them without looking, fearing that otherwise they will simply be fired without any severance pay. In fact, this is not only wrong, but if your employer threatens you with a lack of benefits, it is simply illegal. If the employee is not satisfied with anything proposed, he has every right to refuse the proposals and, after a two-month period, will simply be dismissed due to reduction - according to the standard procedure, with an entry in the work book and the issuance of an average monthly salary.

Moreover, if the organization has, for example, five vacancies that suit you, and no one has yet been invited to them in writing, and you were offered to move to only one, which is completely unsuitable for you, you have the right to complain about a violation of the dismissal procedure. After all, the employer is obliged to offer all available positions, except, of course, those that require higher qualifications than yours.

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Who can be laid off?

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

A worker may be fired due to a reduction in numbers or staff, but only if he does not have a preferential right to be retained at work and the employer does not have the opportunity to provide him with another job for which he agrees.

Employees whose labor productivity and qualifications are higher have significantly greater rights to remain at work.

In case of equal productivity and qualifications, the employer will give preference to:

• having dependents (two or more);
• those who have suffered injuries at work or illnesses associated with dangerous and harmful working conditions;
• disabled people of the Second World War;
• who became disabled in military campaigns related to the defense of the Fatherland;
• on-the-job training courses at the order of the employer;
• the only breadwinner in the family.

It is unacceptable for the following to be dismissed due to reduction:

• women on maternity leave;
• women with children under three years of age;
• pregnant women;
• single mothers raising children under 14 years of age (if the child is disabled, then until he reaches 18 years of age);
• other persons raising children under 14 years of age without a mother (if disabled children - until adulthood).

Preemptive right

Of course, when reducing the number of employees, the employer cannot simply go through the list and point a finger at someone at random. He also cannot use the reduction to settle scores with unwanted employees - the reduction must be justified.

We invite you to familiarize yourself with: Fixed-term employment contract with a certain scope of work

At the same time, we must not forget that some categories of employees are inviolable. For example, pregnant women, mothers with children under three years of age and minors. Therefore, when terminating employment contracts, you need to choose from those employees who do not fall into the category for which labor legislation guarantees additional benefits and protection. And from these people you need to select future former employees, guided by:

• qualifications;
• work experience;
• professional training;
• labor productivity.

This is called pre-emptive right - when those who have a certain number of advantages remain at the enterprise.

What can you offer an employee if their position is reduced?

Downsizing at an enterprise is a rather complex procedure, during which it is necessary to comply with the norms prescribed by the Labor Code, including articles 180, 179, 178, 81.

There are two options for reduction - number or staff.

In the first case, “extra” employees are fired, in the second, specific positions are eliminated.

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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;
• if there is not one, you need to find a lower position;
• a new vacancy may also be less paid if there are no others at the enterprise.

An exception is if the opposite is stated in the collective agreement.

Thus, a person who performed the duties of a manager and was laid off may well receive an offer to work as a watchman at the same company.

However, if there is a similar vacant managerial position in another department of the same enterprise, and the employer has not offered it to the employee, the latter can go to court.

According to Art. 180 of the Labor Code, the employer is obliged to warn staff about layoffs 2 months before the procedure. The warning is issued in writing in 2 copies.

One of them is given to each employee for signature and remains with him, and the second is kept in the personnel department.

The warning must indicate the date the document was drawn up.

Instead of layoffs, the employer may offer the employee work on a part-time or weekly basis. If the employee does not agree, the management makes a decision on layoffs.

Algorithm of actions

If the employee agrees to the employer’s proposal, he must also confirm his decision in writing.

Upon transfer, a new employment contract is signed with such an employee..

Until the date of layoff, the team member continues to work as usual in his previous position.

The day after the official layoff, the employee begins new duties in the vacancy he has chosen.

On the part of the employer, when laying off an employee, the transfer must be carried out in a specific manner. Conventionally, this process is divided into two stages - preparatory and documentary.

The following preparations are being made for transfer to another position due to job reduction:

1. The immediate superior draws up a memorandum or presentation. In it, he indicates the reason for the employee’s movement and his personal data.
2. The completed memorandum or presentation is agreed upon with the management of the company. Its director puts his signature on the document.
3. The employee is given an official notice of the transfer, which is drawn up in any form.
4. The employee writes a statement in any form.
   In this letter he confirms his acceptance of the new vacancy. The document is written in the name of the director of the company, the contents indicate the name of the company, information about the employee, both positions are written down, signed and dated.

The entire preparatory procedure for transfer due to job reduction must be strictly followed to avoid offenses and fines.

Next, the second stage of job reduction and transfer begins, at which documentation is drawn up for signing by both parties.

To properly transfer an employee to another position, you need to complete the following documents::

1. An additional agreement of the parties, which specifies information about the new vacancy and details working conditions, wages, name of the department, and so on.
   The document is signed by the employer and the team member. Two copies are drawn up - one of them is attached to the new employment agreement or contract, and the second is given to the employee.
2. Order from the head of the enterprise regarding transfer to another job.
   It is drawn up in format No. 5a, No. T-5 in accordance with the current GOST R 6.30-97. The document is printed in a single copy, but upon the employee’s first request, he is provided with a certified copy of this order.

Also, do not forget - if a worker is permanently transferred to another position, the corresponding entries must appear in his work book and personal file (No. T-2).

There is no need to carry out the procedure for dismissing an employee due to transfer to another vacancy at the initiative of the employer. Therefore, there is no need to make a dismissal order or a corresponding note in the work book.

Labor legislation

Before getting interested in the subtleties and nuances of the process, let’s find out what labor legislation generally says about layoffs. Is it even possible for an employer to carry out such actions?

Code articles

A reduction in the number or staff of an enterprise may well be carried out. This is considered termination of the employment contract at the initiative of the employer, and if the latter has no other choice but to reduce the number of his subordinates, then paragraph 2 of Article 81 gives him such a right.

At the same time, the employer’s actions must not violate other articles of the Labor Code of the Russian Federation.

So, for example, the boss does not have the right to lay off a pregnant woman, since this would contradict Article 261 of the Labor Code.

Difference between abbreviations

Of course, if you are in the position of an employee that the company wants to get rid of, you may not care how you are fired: by reduction in headcount or staffing levels, but understanding what the difference is can be useful.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

A downsizing is simply a reduction of people in an organization, regardless of their positions. That is, when out of five accountants, three are retained, and two are fired, two security guards are retained, and eight more are fired - this is a reduction in numbers.

Staff reduction is the removal of a position completely from the list of positions in an organization. For example, three watchmen and two security guards were listed on the staff list, but the positions of the guards were completely removed - this will be a reduction in staff.

Most often, experts recommend that employers take the second route of reduction, since in this case they may not adhere so strongly to the preemptive right. We will talk about what this is below.

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What rights does an employee have when being made redundant?

Assistant Prosecutor of the Avtozavodsky District of Tolyatti Ksenia Semenova explained what rights an employee has when being laid off.

— Ksenia Valerievna, what is dismissal like and what requirements must the employer comply with?

— One of the common grounds for dismissal at the initiative of the employer is a reduction in the number or staff of the enterprise.

Dismissal due to reduction in headcount or staff is provided for in paragraph 2 of Article 81 of the Labor Code of the Russian Federation. Cases of dismissal on this basis make up the largest percentage of lawsuits in labor disputes. In order for dismissal due to reduction in headcount or staff to be recognized as legal, the employer must comply with the following legal requirements:

- the fact of staff reduction must really take place;

- the employee must be offered all vacant positions available to the employer, both equivalent and lower-ranking ones, corresponding to the qualifications and health status of the employee;

- upon dismissal due to a reduction in the number or staff of the enterprise, the employer must comply with the requirements of the Law on the preferential right to remain at work;

— the employee must be warned about the upcoming dismissal within the time limits provided for by law;

-. When dismissing, the opinion of the elected trade union body must be taken into account;

- the employee must be paid severance pay.

— What does staff reduction mean?

— Staff reduction should be understood as the abolition in the prescribed manner of one or more staff positions for the relevant positions. Staff reductions can also be made by eliminating vacant jobs. Evidence confirming the fact of staff reduction is the staffing table. If the enterprise does not have a staffing table, then supporting documents may include salary statements before and after the layoff, payroll, etc. When checking the staffing table, the court examines whether the position of the dismissed person was replaced with another similar position. If only the job title has changed, but the volume of work and the nature of the duties performed remain the same, then the reduction may be considered fictitious.

— What position should an employer offer its employee?

— When carrying out measures to reduce the number or staff of an organization’s employees, the employer is obliged to offer the employee another available job (vacant position) in the same organization that corresponds to the employee’s qualifications. As a rule, such work is offered simultaneously with notice of dismissal due to staff reduction. In accordance with established practice, the court requires the employer to provide evidence that the employee was offered a transfer to another job, or that the employer was not able to place the employee in another job. If the job was not offered, then the court checks the actual occupancy of positions and jobs, the availability of vacancies on the day of warning and on the day of dismissal. If within two months between the warning and dismissal vacancies arose and they were not offered to the employee, then the court decides to reinstate the dismissed employee at work.

— Which employees have a preferential right to remain in their current position?

— In accordance with Article 179 of the Labor Code of the Russian Federation, the choice of employees dismissed due to staff reduction must be carried out in compliance with the preferential right to remain at work. Preferential right to remain at work is given to employees with higher labor productivity and qualifications. As a rule, such indicators as performing a significantly larger volume of work compared to other employees, receiving bonuses, etc. are accepted as evidence of higher labor productivity. In cases where employees have equal labor productivity, those who have higher qualifications (level of education and compliance with the qualification requirements for a particular category of workers, work experience in a given specialty).

If labor productivity and qualifications are equal, preference in remaining at work is given to:

· persons in whose family there are no other workers with independent earnings;

· employees who received a work injury or occupational disease in this organization;

· disabled people of the Great Patriotic War and disabled people fighting in defense of the Fatherland;

· employees who improve their qualifications in the direction of the employer without interruption from work;

· family citizens - if there are two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood).

In addition to the categories of workers listed in the Labor Code, federal laws also provide benefits to other workers: authors of inventions; military spouses; citizens discharged from military service and members of their families at work, where they entered for the first time after discharge from military service; single mothers of military personnel undergoing military service. The laws “On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”, “On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site” also provide a number of citizens with an advantage when remaining at work.

When dismissing due to staff reduction, it should also be taken into account that pregnant women, women with children under three years of age, single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age), as well as others cannot be dismissed on this basis. persons raising these children without a mother.

— How long must an employer notify an employee of an upcoming layoff?

— Employees are warned by the employer personally and against signature of the upcoming dismissal due to a reduction in the number or staff of the organization’s employees at least two months before the dismissal. The employer, with the written consent of the employee, has the right to terminate the employment contract with him without notice of dismissal two months in advance, while simultaneously paying additional compensation in the amount of two months' average earnings. Moreover, such compensation is paid in addition to the severance pay established by labor legislation. A warning about the upcoming dismissal due to a reduction in the number or staff of employees, as well as the employee’s consent to terminate the employment contract without notice of dismissal within the established time frame, must be documented by issuing an order, which must be signed by each dismissed employee.

— If the enterprise has a trade union body, what requirements must the employer comply with?

— In deciding the issue of dismissal on this basis, the participation of the trade union body, if there is one, is mandatory. According to Part 1 of Article 82 of the Labor Code of the Russian Federation, the employer is obliged to notify the elected trade union body in writing no later than 2 months before the start of measures to reduce the number or staff, if this entails the termination of employment contracts. If a reduction in numbers or staff may lead to mass layoffs of workers, the employer is obliged to notify the elected trade union body in writing no later than 3 months before the relevant events.

The dismissal of employees who are members of a trade union is carried out taking into account the reasoned opinion of the trade union body of this organization (Part 2 of Article 82 of the Labor Code of the Russian Federation). In this case, the procedure established by Article 373 of the Labor Code of the Russian Federation is applied. Thus, the employer must send a draft order to the relevant trade union body, as well as copies of the documents that form the basis for making this decision.

The consent of the trade union body to dismiss workers is not required if the organization does not have an appropriate elected trade union body.

— What are the consequences for terminating an employment contract?

— In accordance with Article 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to a reduction in the number or staff of the organization’s employees, the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains his average monthly earnings for the period of employment, but not more than two months from day of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

Seasonal workers are paid severance pay in the amount of two weeks' average earnings.

If the employee does not agree with the dismissal order or its basis, the employee must apply directly to the court at the location of the organization. Since, in accordance with the civil procedure code, such cases are within the jurisdiction of a court of general jurisdiction.

In the statement of claim, the employee indicates the organization that will be the defendant, indicates all the circumstances and refers to the legal norms with which he disagrees and on what grounds. The petitioning part of the application indicates what he wants to see from the employer in the end: either restoration of his previous position, or receiving compensation with the issuance of a work book and making the appropriate entries in it. If the enterprise has a trade union body and it believes that the dismissal of an employee or employees is being carried out in violation of current legislation, the trade union sends its decision to the employer, who must take its opinion into account. If a dispute arises between the trade union body and the employer regarding the current provisions of the law or regarding disagreement with the adoption of such a decision, then such disputes are also subject to resolution in court.

Change of position

Transferring an employee to another position is a very important procedure, especially when it comes to reducing staff or numbers. In this case, its necessity is dictated by the articles of the Labor Code of the Russian Federation.

Transfer to another job means a change in the employee’s job functions. Thus, this concept is interpreted by the first part of Article 72.1 of the Labor Code of the Russian Federation.

Moreover, an employee can change a structural unit, even an employer.

Retrenchment is considered one of the ways to terminate an employment contract, initiated by the employer who has no choice but to reduce the number of personnel. The second paragraph of Article 81 of the Labor Code of the Russian Federation gives the employer this right, unless other articles are violated.

A downsizing is a reduction in the number of people, regardless of the positions they occupy (for example, out of five accountants, 3 are left). Reduction of staff (staffing units) is the removal of a specific position from the list of positions completely.

What does the law say?

All questions that arise:

• when applying for a job;
• in the process of performing work duties;
• in connection with layoffs, regardless of why the employment relationship is terminated:

at the request of the employee, the initiative of the employer or reasons beyond their control,

are regulated by the norms of the Labor Code, in force since February 1, 2002, in accordance with Federal Law No. 187 adopted at the end of 2001, as amended as amended on July 29, 2017.

According to the second paragraph of Art. 81 of the Labor Code of the Russian Federation, the employer has every right to initiate the termination of an employment contract with employees before the expiration date of the concluded agreement or at any time when an employee is hired for a permanent job indefinitely.

But at the same time, in order to protect the rights of dismissed employees, in accordance with the provisions of Art. 180 of the Labor Code of the Russian Federation, the legislator guarantees certain benefits and compensation to persons who have been laid off.

First of all, in order for an employee dismissed due to redundancy not to be able to appeal the actions of management, it is important to follow the established procedure provided for by the redundancy procedure.

It is worth noting here that the abbreviation itself can be of two types:

• staff;
• the number of people working in the organization.

And if a reduction in numbers implies a general reduction in the number of workers, which of course makes a transfer from one workplace to another pointless, since the amount does not change by rearranging the positions of the terms, then when staffing is reduced, the number of certain specialists holding positions or working in the same profession is reduced.

For example:

1. If the employer plans to reduce the number of employees by 10 people, the list of candidates will include employees of completely different or identical professions, at the discretion of the commission reviewing candidates, taking into account their social, financial, marital status, presence of disciplinary sanctions, work experience, responsibility for performing job duties ;
2. If it is necessary to reduce the number of employees, persons occupying positions subject to reduction are dismissed.

Of the three economists, for example, two will be fired so that the number corresponds to the new staffing table.

What can be offered to an employee?

No matter which employee is included in the layoffs, the employer cannot do this as he wants. He must meet certain conditions for his actions to have legal force.

He must first offer a transfer to another job within his organization. The law dictates quite clearly:

• the new position may be paid in the same way as the previous one and have similar qualification requirements;
• if there is none, a lower one can be selected;
• the proposed vacancy may turn out to be lower paid if no others are found in the organization’s staff.

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In this case, the employer is obliged to offer the employee a redundancy transfer to a job that he can perform due to health reasons. If such is provided for by a collective or labor agreement (any other agreement), vacancies may be offered in another location. In addition, the employer is not obliged to offer the employee a higher position or vacancy.

If there are no vacancies of your own, there is an alternative - you can agree with business partners to transfer employees to another position in a partner company. To do this, you will need a list of vacancies compiled together with the management of a friendly company, a predetermined salary level and qualification requirements for each position.

An official letter of invitation to work will be required on behalf of the director of the counterparty. The law does not impose any special requirements on the form of the letter - it is enough that it contains information about the laid-off employees who are offered vacancies, information about the proposed positions and the date from which employment is possible. This document should convince employees that after dismissal they will not be left without work.

With such a letter, a person can even go to court if suddenly the employer refuses to hire him, and he wins the case.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

The letter of invitation received by the company's mail should be familiarized to the laid-off employees so that they can express their attitude to the employer's offer: consent or refusal.

Transfer to another position due to staff reduction

No matter who the employer plans to fire due to a reduction in numbers or staff, he again cannot do this just like that. First, dismissed employees must be offered to move to another place of work within the same organization.

The following conditions apply:

• the position may have the same pay and qualification requirements;
• the position may be lower;
• the position may be less paid.

The employer is not required to offer higher positions or vacancies in other regions.

An employee acting as head of a department should be prepared for the fact that he may be offered a courier position if there are no other available positions at the company. At the same time, if the position of head of a neighboring department is vacant, and the employee’s qualifications are fully suitable for it, but he is still offered to become a courier, he has the right to go to court.

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What are the actions of an employee who has been laid off?

In any case, the decision to accept or not accept management’s offer - to move to a new job or not to transfer - will be made by the employee himself. The employer has no right to coerce, force, intimidate or threaten him, otherwise he will have to answer in court.

It might make sense to consider new offers and choose one, even if it pays less:

• if you want to remain in your organization at any cost;
• you know for sure that very soon a new department will open where you will find a place in your previous position, you just need to wait it out;
• found a good job at another company, but the vacancy becomes available in a few months.

You can refuse the transfer - you will still receive severance pay.

Anyone who has been laid off must be offered all possible vacancies at the enterprise. In this case, proposals should be drawn up in writing, in the form of an act, with a description of each option: what position, responsibilities and salary. Three such acts must be drawn up:

• at the time of notification of the reduction;
• a month later;
• the day before the reduction.

New vacancies will be included in the acts as they arise. If the proposed vacancy is rejected, the employee will be dismissed at his own request with the right to receive severance pay and other mandatory payments from the company.

But if consent is received, the enterprise’s personnel service can begin processing the transfer in connection with the reduction.

When should you switch to a lower-paid job if you are laid off?

Whether or not to move to work where you are offered is up to you and only you to decide. Let us repeat once again, and you remember well: the employer has no right to force you, threaten you or intimidate you - all these actions can lead him to the bench. Don't be afraid to stand up for your rights!

When does it make sense to take a low-paid or unskilled job? For example, if you cannot imagine yourself outside this organization. Or if you know for sure that the difficulties with working at the enterprise are temporary and after some time it is planned to open a new department in which you can get a job in your previous position. Or maybe you found a new place of work, but they will be ready to hire you only after six months - then you can work temporarily for less pay.

The main thing to remember is that refusing a transfer does not deprive you of the right to receive severance pay.

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How many times must an employer offer vacancies to employees?

Each employee who is laid off is offered all possible vacancies at the enterprise.

The offer of positions must also be made in writing. An act is drawn up that describes all options, indicating responsibilities and wages.

During the period from notification of layoffs to dismissal, the hirer must draw up three proposals.

The first time the document is drawn up and handed over to the employee is at the time of notification of the upcoming layoff. After 1 month, a similar act is printed.

If during this time the list of vacancies has been updated, they must be included in the new act. The third version of the document is issued to the employee the day before the layoff.

In accordance with Article 180 of the Labor Code, an employee is not obliged to agree to an offered vacancy if it does not suit him. In this case, the citizen writes a statement confirming his decision.

If, during a layoff, another position is offered, and the employee refuses, the administration draws up an order for his dismissal at his own request. At the same time, he retains the right to receive severance pay and other mandatory payments from the company.

If the worker agreed to a new position, the algorithm of actions is different.