Why is it necessary to notify the employment service about staff reduction?

The state exercises systematic control over the reduction in the number of employees. Therefore, all types of layoffs are carried out with a corresponding notification to the employment service. This allows you to prepare in advance for future layoffs in terms of timely payment of benefits, as well as providing laid-off workers with the necessary assistance in finding employment.

The responsibility to notify the employment service of an upcoming reduction (staff or number) lies with each employer. This is required by the procedure for carrying out the procedure itself, enshrined at the legislative level.

Obligated persons approach the stage of notifying the employment service sequentially. The following order of actions for the employer has been established:

1. Issuance of an order for the organization regarding the upcoming reduction (staff or number).
2. Preparation of a new staffing table.
3. Selection of employees to be laid off.
4. Offer of transfer to existing vacant positions for laid-off persons.
5. Preparation of the final list of employees who will be fired.
6. Notifying the employment service about laid-off workers.

Final information on laid-off employees is provided to the service in writing. Delivery of the document (2 copies) is usually made by the person responsible for completing the documentation through a personal visit to the employment service. The notice is accepted, duly registered, after which one copy is returned to the responsible person.

It is also possible to send it by registered mail through the post office or remote transmission by e-mail. The last sending option is possible only if you have an electronic signature.

The procedure for issuing a written notification to the employment service

There is no single unified form for use as a notification to the employment service. The organization has the right to develop its own form for these purposes and submit the necessary information on it.

At the legislative level, only the mandatory components and details that must be present in such a document are defined. Among them:

1. Title of the document (Information about laid-off employees).
2. Name, details of the organization (full name of the entrepreneur).
3. List of laid-off workers.
4. Grounds for the release of workers (reference to clause 2, part 1, article 81 of the Labor Code of the Russian Federation, order).
5. Dating of document execution.
6. Employer's signature.
7. Seal of the organization.

These components of the document should be taken into account when drawing up a free form of notification. The list of employees who will be laid off is presented in the form of a table. It must include complete information about each of them.

This is mandatory information that must be displayed in the notice. You can also include in the table: gender, age, category of citizens in need. Company letterhead is not used for registration. The completed document is signed by the employer.

When compiling the text part of the notification, you can use a standard sample as an example: the once valid form No. 1 - release.

Thus, the key task of the employer at this stage is to monitor the correctness of the notification and its timely submission to the employment service. Please note that incomplete information, failure to comply with submission deadlines, or complete inaction will be regarded as a violation.

In accordance with Art. 19.7 of the Code of Administrative Offenses of the Russian Federation, this will be followed by bringing violators to administrative responsibility. In such cases, a warning or financial sanctions follow. Legal entities are fined in the amount of 3,000 - 5,000 rubles, and persons responsible for the procedure - from 300 to 500 rubles.

* * *

Current legislation establishes an obligation for employers to inform employment authorities about upcoming events related to the release of workers.

When carrying out a reduction in numbers or staff, the employer-organization must notify the employment service authorities no later than two months before the start of organizational and staffing measures, and the employer - individual entrepreneur - no later than two weeks, if the reduction may lead to mass layoffs - no later than three months.

A similar obligation is provided for in the event of liquidation of an organization or termination of the activities of an individual entrepreneur.

Failure to fulfill or improper fulfillment by the employer of the obligation to notify employment authorities about the upcoming reduction in the number or staff of employees entails administrative liability in the form of a warning or an administrative fine.

Violation of the established procedure for notifying employment service authorities in the absence of other violations of current legislation is not grounds for reinstatement at work, but constitutes an administrative offense; along with other violations of established rules during the procedure of organizational and staffing measures, is taken into account by the court when reinstating employees at work.

E.P.Zobova

Editor in Chief

"Pharmacy: accounting

and taxation"

Erroneous actions of the employer when notifying the employment service

How can I notify the service?

The message to the employment service is made in writing using a special form.

It can be sent to this authority in several ways:

• In person - a representative of the business entity delivers the notice to the employees of the employment center in two copies. They enter the incoming number and return one of these forms to the company representative.
• By mail - the responsible person who is entrusted with the preparation of all documentation during layoffs can send a valuable letter to the employment center with receipt of receipt.
• Electronically - an organization or entrepreneur can use this option only if they have a qualified digital signature. In this case, you can draw up a notice, sign it and send it to the employment center.

Attention! Since the reduction in the number of employees is controlled by the state, you need to be sure that notification of this will be delivered and accepted by the employment service within the established time frame. Therefore, the most reliable way is still the personal delivery of a notification to employment service employees by a representative of the enterprise.

The legislative framework

In cases where a reduction is carried out, due to which it is necessary to notify the employment service, the following regulations must be followed:

1. Labor Code of the Russian Federation. It is he who sets the rules by which reductions are carried out.
2. Law of the Russian Federation “On Employment of the Population in the Russian Federation”. It is he who sets the requirements for how notification should be carried out.
3. Code of Administrative Offenses of the Russian Federation - it establishes liability in cases where information is not provided to the employment service.
4. Regulations “On the organization of work to promote employment in conditions of mass layoffs” (approved by Decree of the Government of the Russian Federation of 1993 No. 99).

In addition, it is necessary to take into account the standards established by regional and departmental agreements.

What happens if you don't tell?

In the absence or improper execution of papers, the manager faces administrative liability, in accordance with Article 19.7 of the Administrative Code. A violation is obvious if the enterprise:

• did not inform the Center about the reduction;
• reported later than the deadline established by law;
• provided incomplete or incorrect data.

As a liability, a fine is imposed, but its amount depends on the subject that is held accountable:

1. Individual entrepreneur – 100-300 rubles;
2. officials - 300-500 rubles;
3. legal persons – 3-5 thousand rubles.

The lack of notification to the Centers and the legality of the reduction itself are not interconnected; here the courts are unanimous in their opinion: the company’s failure to fulfill only the obligation to notify the Central Control Center about the reduction does not violate rights and does not indicate non-compliance with reduction standards.

If the employer committed other violations, then the dismissal, of course, may be considered illegal.

In conclusion, it is worth noting that the Central Protection Notice is a simple document; it does not require special knowledge to draw up. It can be written by an accountant, a personnel worker, or an economist. The main thing is that the order, the list of workers subject to layoffs and the staffing table do not violate the laws.

Features of the staff reduction procedure

Staff reduction is a reduction in staffing levels in a certain position, or the abolition of the position itself.
When the number of personnel decreases, the number of employees is automatically reduced. And only if the position is replaced with a new one, the number of employees does not actually decrease.

Notifying the employment service about a reduction in numbers or staff is a difficult moment when dismissing employees, because the preparation and transmission of the document involves bureaucratic formalities. You need to carefully fill out the documents and carry out the procedure. Otherwise, this may lead to legal proceedings.

Although the employer has the right to independently decide on the number and composition of personnel, the Labor Code of Russia establishes restrictions on dismissal for a number of persons. Pregnant women are subject to an unconditional ban (Article No. 261). Before the end of the maternity leave, such an employee can be dismissed only in two situations: the initiation of a company liquidation procedure and the inability to transfer the employee to another position (labor) due to her condition.

Sample notification of a reduction in the number of employees from an LLC.

There is no uniform standard for notifying the Employment Center about staff reductions in the Legislation of the Russian Federation. The employer draws up a letter in a free format, based on the order of Rostrud No. TZ/5624-6-1 “On the form of notification” dated September 26, 16.

Example of a document for an individual entrepreneur.

According to the legislation of the country, the employer has every right to unilaterally decide to terminate the employment contract and reduce the staff of the enterprise or company.

But this procedure also has several nuances that are important to consider:

1. The procedure simply cannot be carried out in a few days, because the corresponding order is initially prepared.
2. Employees who are being laid off must be notified in advance - two months in advance. When delivering documents, the person must sign, thereby confirming that he is aware of the fact of losing his job. It would be great if at this moment there will be several witnesses present who, if something happens, will be able to confirm that you are right.
3. It is mandatory to send a notice to the employment service.
4. A corresponding entry is made in the work book.

Sometimes there are cases when, due to new circumstances, management decides to cancel staff reductions. In such cases, a procedure for canceling the reduction is initiated, which involves warning the dismissed workers and the employment exchange.

But if employees were fired, then it will be possible to reinstate them in their jobs no earlier than in a year, or even a year and a half, depending on the region where the company operates.

How to notify the employment center about a layoff sample

Notification of layoffs is submitted in the form of a specific form filled out by the head of the enterprise.

It can be delivered in several ways:

1. Personally in hands. But for this you will need to visit the employment service, perhaps spend time in line just to submit this important document.
2. By mail. In this case, the completed form is sent by registered mail with notification, which must be kept until the dismissal of employees. This method can significantly save your time.
3. Via email. But this option can only be used if the manager has a valid and correctly executed electronic signature - without it, the paper will not be considered an official document.

The state strictly controls the procedure for laying off workers, and you must be absolutely sure that your message has been delivered and taken into account. Therefore, the most effective way is to personally visit government agencies.

If the head of the organization has decided to carry out the staff reduction procedure, then after issuing the order and approving the new staffing table, he must notify about his decision:

• all employees who are laid off. The employee is given 2 months notice under normal conditions and 3 months notice in case of mass dismissal of workers. The document can be given to the employee in person or by mail. The second copy, which remains with the head of the organization, must bear the signature of the employee or a note about the attached act of the employee’s refusal to sign the notice;
• TsZN. This procedure is necessary to update statistical data on the employment of citizens of working age, as well as the unemployment rate, both in a specific region and throughout the country. Notification must be sent to the employment center at least 2 months before the upcoming dismissal.

It is important to know! If the reduction is carried out by an individual entrepreneur, then notification is sent at least 2 weeks before the expected dismissal of employees.

• Trade union organization. This rule is regulated by Article 82 of the Labor Code of Russia. This must be done 2 months in advance for a regular layoff and 3 for a mass layoff. At the same time, an employee who is a member of a trade union organization and regularly pays membership dues can be dismissed only with the written permission of the trade union.

If the employer ignores these requirements, he may be subject to administrative liability. In addition, a dismissed employee will be able to challenge the dismissal in court and demand reinstatement with subsequent payment of compensation.

Rules for filling out the document

Form

In the header of the notification, it is important to indicate the date from which the work of the enterprise and the employee ends. The wording sounds something like this: “In accordance with paragraph 2 of Article 25 of the Law of the Russian Federation No. 1032-1 of April 19, 1991 “On Employment...”, I inform you about the reduction of staff and numbers in accordance with Order No. 12 of CJSC Metallurgical Plant dated 25.10 .2016..."

Centers should be notified 2 months in advance, and for individual entrepreneurs - 14 days in advance. If the dismissal is widespread, then the period is 3 months.

It is necessary that the letter contains all the data required to be provided to the Employment Center by law. That is, in addition to writing the fact and date of the process, it is necessary to include in the letter the following information about those being dismissed:

• position held;
• specialization;
• profession;
• qualification requirements for the vacancy;
• information about earnings.

For example, information about employees can be entered into the table:

Details, stamps and visas

For such a message, a company letterhead is not needed, so a stamp with the company’s details is placed at the top of the left corner, and if it is missing, then they are indicated at the top of the sheet in the middle.

Incorrect information in the letter may result in a fine.

At the bottom of the letter the signature is placed by the head of the enterprise. No visas are required here. Since a special company form is not required, an imprint is affixed to the documents, which covers the signature.